Article VI: Functions of the Association

Section 1. Through Board Action

The affairs and decisions of the Association shall be conducted and made by the Board of Directors (hereinafter the “Board”). The Members shall only have such power or rights of approval or consent as is expressly specified herein, or in the Association Articles of Incorporation or Bylaws. In the absence of a specific requirement of approval by Members, the Board may act on its own through its proper officers.

Section 2. Required Services

In addition to those other responsibilities specified in the Association Articles or Bylaws, the Association, or its management company, if applicable, shall be required to provide the following services as and when deemed necessary and appropriate by the Board and shall have easement rights necessary to perform same:

(a) All painting and maintenance of the Common Area, and all improvements thereon, as and when deemed necessary by the Board.

(b) Maintenance and care for all landscaped areas within the Common Areas, Landscape Buffer Areas, and Rear Yard Swales. Maintenance shall include the replacement of fallen or dead trees throughout these areas.

(d) Conducting recreation, sport, craft, and cultural programs of interest to Owners, including their families, tenants, guests and invitees.

(e) Protection and security, including, but not limited to, the employment of stationary or patrolling security guards within the Property and operation of a guardhouse.

(f) Maintenance of electronic and other surveillance devices.

(g) Installation, operation and maintenance of cable television facilities or other communication systems throughout the Property.

(h) Such other services as are authorized in the Association Articles or Bylaws.

(i) Cleanup, landscaping, maintenance, dredging, water treatment or other care of canals, roads or other property (public or private) adjacent to or near the Property to the extent such care would, in the reasonable determination of the Board, be beneficial to the Property and to the extent that the Association has been granted the right to so care for the affected property by the owner thereof or other person authorized to grant such right, including, but not limited to, any appropriate governmental authority.

(j) Emergency repairs and other work on Lots reasonably necessary for the proper maintenance and operation of the Project, including, but not limited to wall repairs as stated in Article V hereof.

Section 3. Surface Water Management and Drainage

The surface water management and drainage system for the Property consists of a series of integrated systems throughout the Property. An easement is hereby created over the Common Area in favor of the Association, including its agents or other designees, for surface water drainage and for the installation and maintenance of the surface water management and drainage system for the Property; provided, however, that such easement shall be subject to improvements constructed within the Property as permitted by controlling governmental authorities from time to time. The surface water management and drainage system shall be developed, operated and maintained in conformance with the requirements of St. Johns River Water Management District and/or any other controlling governmental authority. The Association shall maintain the entire surface water management and drainage system within the Property including, but not limited to, all lakes, canals, swale area, retention area, culverts, pipes, and related appurtenances regardless of location or whether owned by the Association.

Section 4. Actions by Association

Anything herein to the contrary notwithstanding, no general funds of the Association shall be utilized for bringing, supporting, investigating or otherwise abetting any legal action, claim or extra judicial action except for (i) imposition, enforcement and collection of Assessments, including lien rights, pursuant to Article VII hereof, (ii) collecting of debts owed to the Association, (iii) bringing any contest or appeal of tax assessments relating to any property owned by the Association, (iv) actions brought by the Association to enforce the provisions of this Declaration, and (v) counterclaims brought by the Association in proceedings instituted against it, unless such legal action, claim or extra-judicial action shall be specifically approved for such purposes by 75% of the total votes of all Members of the Association in existence at any time.