Agenda - 08-27-2012 - C1 - Laserfiche WebLink

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ARTICLE VII COVENANT FOR MAINTENANCE ASSESSMENT A. Creation of Lien and Personal Obligation of Assessment. Declarant, for each Lot within the Properties, hereby covenants, and each Owner of any Lot by acceptance of the deed therefor, whether or not it shall be so expressed in the deed to such Owner,covenants and agrees to pay to the Association all assessments set forth herein and/or established by the Association, and with respect to the enforcement of payment of such assessments, hereby consents to the lien established herein. Such assessments shall be fixed, established and collected from time to time as provided in the By-Laws of the Association. The Annual and Special Assessments, together with such interest thereon and costs of collection therof, including reasonable attorney's fees, shall be a charge upon the Lot and a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with such interest, reasonable attorney's fees and costs of collection thereof, shall be a personal obligation of the Owner of the Lot at the time when the assessment falls due. Such personal obligation shall not pass to the Owner's successors in title unless expressly assumed by them. The Owner(s) of Lot 21 shall not be required to pay any annual and/or Special Assessments and/or Capital Contribution other than any fines or assessments imposed for violating these covenants. B. Purpose of Assessments. The assessments (both Annual Assessments and Special Assessments, if any) levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, enjoyment and welfare of the residents in the Properties, and in particular for the improvement,'reconstruction, repair, maintenance and . upkeep of the Common Areas, and any other purpose reasonable, necessary or incidental to such purposes as determined by the Board of Directors. Special Assessments shall be fixed as hereinafter provided. The Annual Assessment shall be set each year by the Board of Directors, and, subject to the terms and provisions of Paragraph E hereof, all assessments must be fixed at a uniform rate for all lots. Declarant shall not be required to pay any Annual Assessments for so long as Declarant shall own any "Declarant's Property". Within thirty (30) days after adoption of any proposed budget for the Association and after the Declarant no longer owns any"Declarant Property," the Board shall provide to all the Owners a summary of the budget and a notice of the meeting to consider ratification of the budget, including a statement that the budget may be ratified without a quorum. The Board shall set a date for a meeting of the Owners to consider ratification of the budget,such meeting to be held not less than ten(10)nor more than sixty(60)days after mailing of the summary and notice. There shall be no requirement that a quorum be present at the meeting. The budget is ratified unless at the meeting a majority of all the Owners or any larger vote specified in the Declaration rejects the budget. In the event the proposed budget is rejected,the periodic budget last ratified by the Owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. C. Annual Assessment for Off Lot Septic Area. The Association shall be responsible for the maintenance and upkeep of the"OFF LOT SEPTIC AREA"as depicted on the recorded plats of the Subdivision, including but not limited to mowing, brush removal and obtaining an annual inspection of each septic disposal field contained within the confines of the"OFF LOT SEPTIC AREA" and the inspection of the corresponding septic tank and pump to each of these fields. In addition, the Association shall be responsible for maintaining and repairing any of the individual sewer collection lines,French drain systems, and access road contained within the Septic Force Main Area. The costs of this maintenance and inspection shall be borne by the Owners of the fourteen(14)lots served by the"OFF LOT SEPTIC AREA"and the Association shall bill each such Owner within fifteen(15)days of the annual inspection of the septic fields/systems for each Owner's share of such costs. Such Owners shall pay such 10