The following provisions for the existence and scope of the Maintenance Committee is taken from Section 5 of the Third Amendment and Restatement of Master Declaration of Easements, Covenants, and Restrictions, ratified on July 6, 1995.

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5.04 Maintenance and Repair: The Bylaws of the Association and the Rules and Regulations adopted by it will contain provisions for the operation, maintenance, upkeep, painting, repair, re-surfacing, landscaping, mowing, alteration, replacement, improvement, and/or use of the following: 

(i) All roads originally constructed by the Developer for ingress and egress to and from the tracts comprising the L'Esprit Property; unless and until such time as the county, state or other political subdivision having authority over same shall accept responsibility for the maintenance and repair of same. 

(ii) All entranceways, rights-of-way along roads within the L'Esprit Property, and Bridle Paths as established by easements for same upon the recorded plats of the L'Esprit Property. 

(iii) All recreational facilities, maintenance facilities, or other common facilities, if any, which may or have been constructed or dedicated for such purpose within the L'Esprit Property. 

(iv) All common lighting, electrical, water, or other common facilities installed as a part of the L'Esprit development. 

Maintenance and care of all fences constructed by the Developer on the L'Esprit property, consisting of fencing around the outside perimeter of the L'Esprit Property (or along the interior boundary of Bridle Paths which abut the outside perimeter of the L'Esprit Property) and along the right-of-way of all public roadways within the L'Esprit Property, shall be the responsibility of the individual owners upon whose property such fences are located. Provided, however, should any such individual owners fail to properly maintain any such fences, the Association shall promptly make any needed repairs or repainting, with the cost of same to be charged to the owner so failing to maintain same, which charges shall be deemed to constitute a special assessment pursuant to Section 5.06 hereof. 

The individual owners of each tract of the L'Esprit Property shall be responsible for the maintenance, upkeep and care of the property owned by them. Each tract shall be maintained in a clean and orderly condition, properly seeded and mowed, with access drives properly drained and paved to the extent of 100' from the edge of pavement of all adjoining rights-of-way, and all structures maintained in good repair. All tracts shall also be maintained free of safety hazards to the extent possible. In the event the Maintenance Committee of the Association shall determine that a tract is not being maintained as herein provided, the president or vice president of the Association shall notify the owner(s) of such tract of the condition requiring maintenance repair or removal, and shall further notify such owner(s) that they have twenty (20) days within which to correct such condition. In the event the owner(s) of such tract fails to take the required action to correct the offending condition within the time provided, the Association shall be entitled to take such action as shall be reasonable or necessary in order to remedy such condition, with the cost of same to be charged to the owner(s) so failing to maintain, repair or correct same, which charges shall be deemed to constitute a special assessment pursuant to Section 5.06 hereof.