Coach 2013 Annual Report Download - page 307

Section 6.8 Maintenance Obligations; Costs of Same.
(a) General. Except as otherwise provided in the Declaration or these
By-Laws, all operation, care, upkeep, Maintenance, insurance, Repairs and Alterations, painting and decorating, whether structural or non-structural,
ordinary or extraordinary, including, without limitation, with respect to plumbing, heating, ventilating, electrical (including emergency power systems), air-
conditioning and telecommunications systems, fixtures, Equipment and appliances (i) in or of any Unit (including any Exclusive Use Common Elements that
may be included therein, except to the extent otherwise provided in Section 2.2.1(a) hereof, but excluding any General Common Elements that may be located
therein, as and to the extent provided in these By-Laws) shall be made or performed by such Unit Owner at its sole cost and expense; and (ii) in or of the
General Common Elements (including, without limitation, Building Systems) and the Exclusive Use Common Elements (to the extent the same is expressly
made the obligation of the Board of Managers under the Condominium Documents) shall be made or performed by the Board of Managers, and the cost and
expense thereof shall be charged as a Common Expense as and in the manner provided in these By-Laws.
(b) Exceptions. Notwithstanding the provisions of Section 6.8(a) hereof:
(i) Negligence; Fault. In the event and to the extent that any operation, care, upkeep, Maintenance, Repair and
Alteration, painting and decorating, whether structural or non-structural, ordinary or extraordinary (collectively, any “ Necessary Work”), is
required to be made or performed, or any increase in insurance premiums is required to be paid, with respect to the General Common Elements (or to
the Exclusive Use Common Elements to the extent the Repair or Maintenance of the same is the obligation of the Board of Managers under the
Condominium Documents) as a result of the negligence, misuse, neglect or abuse of any Unit Owner or its occupants or permittees, the entire cost
thereof (the “Resulting Cost”) shall be borne entirely by such Unit Owner; except in each case, to the extent that the Resulting Cost is covered by the
proceeds of any insurance actually maintained, or would have been so covered had the insurance that was required to be maintained by the Board of
Managers pursuant to the provisions of these By-Laws actually been maintained by the Board of Managers and appropriate waivers of subrogation
are obtainable and have been obtained.3 The Resulting Cost shall not be deemed covered by insurance proceeds pursuant to the preceding sentence to
the extent of any applicable deductibles. The foregoing shall not give rise to any claim on the part of any Person for consequential, special,
exemplary or punitive damages.
(ii) Extraordinary Items. In the event and to the extent that any Necessary Work involves any structural, capital or
extraordinary Repairs or Alterations to an Exclusive Use Common Element, the entire cost thereof shall (except as otherwise provided in Section 6(h)
of the Declaration) be borne entirely by the Unit Owner to which such Exclusive Use Common Elements are appurtenant; except in each case, to the
extent that such cost is covered by the proceeds of any insurance actually maintained by the Board of Managers, or would have been so covered had
the insurance that was required to be maintained pursuant to the provisions of these By-Laws actually been maintained by the Board of Managers.
Such cost shall not be deemed covered by insurance proceeds pursuant to the preceding sentence to the extent of any applicable deductibles.
3 Insurance consultant to confirm.
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