DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
PAGE 16

ARTICLE II  (cont.)

(e)  Pest Control (cont.).
maintenance, repair or replacement is the result of wood destroying pests or organisms shall be an expense of the Owner.

(f)  Telephone Wiring.
Pursuant to California Civil Code Section 1351(i)(2), internal and external telephone wiring designed to serve a single Unit but located on the Association Property shall be exclusive use common area, as defined in Civil Code Section 1351(i), allocated exclusively to the Unit which the telephone wiring serves. Pursuant to Civil Code Section 1364(a), each Unit Owner shall be responsible for maintaining his exclusive use common area telephone wiring. Access to such telephone wiring may be reasonably restricted by the Association pursuant to Civil Code Section 1364(f).

(g)  Failure to Perform Maintenance.
If any Owner shall permit any Improvement, the maintenance of which is the responsibility of such Owner, to fall into disrepair or to become unsafe, unsightly or unattractive, or to otherwise violate this Declaration, the Board shall have the right to seek any remedies at law or in equity which it may have. In addition, the Board shall have the right, but not the duty, after Notice and Hearing as provided in the Bylaws, to enter upon such Owner's Unit to make such repairs or to perform such maintenance and to charge the cost thereof to the Owner. Said cost shall be a Special Assessment enforceable as set forth in this Declaration. Owners have the right to enter into agreements allocating the responsibilities established in this Section 2.9 so long as such agreement is approved by the Board.

(h)  Damage to Residences-Reconstruction.
If all or any portion of any Unit (except the Association Maintenance Areas) is damaged or destroyed by fire or other casualty, it shall be the duty of the Owner of such Unit to rebuild, repair or reconstruct the Unit and the Residence within such Unit in a manner which will restore them substantially to their appearance and condition immediately prior to the casualty or as otherwise approved by the Architectural Committee. The Owner of any damaged Unit and the Architectural Committee shall be -obligated to proceed with all due diligence hereunder, and such Owner shall cause reconstruction to commence within three (3) months after the damage occurs· and to be completed within nine (9) months after damage occurs, unless prevented by causes beyond his reasonable control. A transferee of title to the Unit which is damaged or within which is located a damaged Residence shall commence and complete reconstruction in the respective periods which would have remained for the performance of such obligations if the Owner of the Unit at the time of the damage still held title to the Unit. However, in no event shall such transferee of title be requited to commence or complete such reconstruction in less than thirty (30) days from the date such transferee acquired title to the Unit.

(i)  Party Walls.

(i)  General Rules of Law to Apply.  Each wall or fence which is (i) built as a part of the original construction of the Units, and (ii) separates the Units shall be treated as a party wall ("Party

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