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May-29-97 12:39P st;llwater MN 612 430 8430 P.OS Section 3. Timesbares. The CIC shall not pennit timeshare of any Units, Common Elements or Limited Common Elements. Section 4. Master AssociatioD. The CIC is not subject to a master association. ARTICLE II MAINTENANCE RESPONSIBILITIES Section 1. Maintenance by Association and ~y Unit Owners. Except as otherwise required under the Act. the Association shall be responsible for maintenance, repair and replacement of all Units and Common Elements except the following (I) the area or space contained within the perimeter walls of each Unit; (ii) the interior Party Wans, including all paneling, tiles. wallpaper, paint or other finishing materials applied to interior surface of Party Walls; (iii) Awnings; (iv) Shutters; and (v) external air conditioning equipment. Each Unit Owner, as the tenn is defined in Section 515B.I-I 03 (35) of the Act, shall be responsible for maintenance, repair and replacement of the items excepted above. To the extent not inconsistent with the provisions of this Declaration, the general rules oflaw regarding party walls and of liability for property damage due to negligent or willful acts or omissions shall apply to the Party Walls. Subject to the provisions of this Article, the costs of reasonable repair and maintenance of Party Walls shall be shared equally by the Unit Owners who make use of the Party Walls, in proportion to such use. To the extent not otherwise covered by insurance carried by the Association, if a Party Wall is damaged or destroyed by fire or other casualty, any Unit Owner who has used the Party Wall may restore it, and, if the Unit Owners thereafter make use of the Party Wall, they shall contribute to the costs of restoration in proportion to such use, without prejudice, however, to the right of any such Unit Owners to require larger contribution or reimbursement from the other Unit Owners under any rule of1aw regarding liability for negligent or willful acts or omissions. Notwithstanding any other provision of this Article, a Unit Owner who, by his or her negligent or willful act, causes the Party Wall to be exposed to the elements shall bear the entire cost of furnishing the necessary protection against such elements. Each Unit Owner shall afford to the Association and the other Unit Owners, and to their agents or employees, access through his or her Unit and Limited Common Elements reasonably necessary for those purposes. In addition, the Association shall have a reasonable right of entry to and upon each Unit and its Limited Common Elements to effect emergency or other necessary repairs which the Unit Owner has failed to perform. The Association, upon the vote of fifty-one (51%) of the members of its Board of Directors, but subject always to Section 515B.3-102(a)(9), shall also have the right to grant utility easements under, through or over the Common Elements which are reasonably necessary to the ongoing development and operation ofthe CIC. The rights of each Unit Owner and the Association to the Common Elements are subject to all matters 3