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Landscape Maintenance Responsibilities
Each Owner and Resident of any Lot or Parcel will, at their expense, keep and maintain the Lot or Parcel, and all improvements in a safe, clean, healthy and attractive condition at all times. Such maintenance shall include, but not be limited to, the following:
a) the proper seeding, fertilizing, consistent watering, mowing and edging of: (i) all lawns which can be seen from any street, golf course or any neighbor's house; and (ii) all median and parkway areas adjacent to each Lot;
b) the appropriate pruning and cutting of all trees and shrubbery including sucker removal from parkway trees;
c) prompt removal of all litter, trash, refuse and waste;
d) watering of all landscape including trees planted in the parkway area adjacent to each lot;
e) keeping exterior lighting and mechanical facilities in working order;
f) keeping lawn and garden areas alive, attractive and free of weeds and insects;
g) keeping driveways and medians in good repair and condition;
h) promptly repairing any exterior damage;
i) complying with all governmental requirements;
j) keeping trees located adjacent to all sidewalks and streets (except those on the parkway which shall be maintained by the Association) trimmed to a clearance of 7 feet above the sidewalk or curb (except within 35 feet of any street corner);
k) keeping trees, shrubs, etc. adjacent to all sidewalks and streets (except those on the parkway which shall be maintained by the Association) trimmed so that there is no vision obstruction above 2 ½ feet or under 8 feet above the sidewalk or curb (within 35 feet of any street corner);
Maintenance shall be in a manner and with such frequency as is consistent with aesthetics, safety and good property management.
Excessive Pots and Vegetable Gardens:
All potted plants must be part of an overall landscape design plan as approved by the Las Colinas Association (MACC) in which both pots and plants blend with their surroundings in size, scale, and color. The number of pots used should be limited so that they blend with and complement the overall landscape design. The design and maintenance should meet the requirements of the Village Design Guidelines. Vegetable gardens must be screened from public view (street and golf course).
Remedies for Correcting Maintenance Deficiencies
If more than five days after prior written notice (but in no event shall the Association be required to issue more than two such written notices per year, cumulative from year to year) an Owner shall fail to: (a) control weeds, grass and/or other unsightly growth; (b) remove trash; or (c) exercise reasonable care or conduct to prevent or remedy an unclean, untidy or unsightly condition, then the Master Association or the Association or the respective agents and subcontractors of either shall have the authority and right to go onto said Lot or Parcel (without any liability whatsoever for damages for wrongful entry, trespass or otherwise to any person or entity) for the purpose of taking such action as may be necessary to remedy or abate the violation or problem, including (without limitation) mowing, cleaning, chemical and/or manual treatment and removal of weeds, fertilizing, watering, and otherwise maintaining said Lot or Parcel and shall have the authority and right to assess and collect from the Owner of said Lot or Parcel a reasonable charge for such maintenance on said Lot or Parcel on each respective occasion of such mowing, cleaning, edging, trimming shrubs, planting sod, watering grass, treating fire ant mounds, or whatever other site-maintenance activity is deemed reasonable and appropriate. The Association shall have the right to operate each sprinkler, or require the Lot Owner to do so, in conjunction with an appropriate maintenance plan although the respective Lot Owner shall bear all costs and expenses related to sprinkler activation and water consumption arising from its operation.
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