Agenda - 08-27-2012 - C2 - Laserfiche WebLink

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ARTICLE VII COVENANT FOR MAINTENANCB ASSESSMENT A. Creation of Lien and Personal Obli�ation of Assessment. Declarant, for each Lot within the Praperties,hereby covenants, and each Owner of any Lot by acceptance of the deed therefor, , whether or nat it shall be so expressed in the deed to such flwner,covenants and agrees to pay to the Association aIi assessrnenes set forth herein and/ar established by the Association, and with respect to the enforcement of payrnent of such assessments, hereby consents to the lien established herein. Such assessments shall be fixed, established and callected from time to time as pravided in the By-Laws of the Association: The Annual and Special Assessments, together with such interest therean and costs of collectian therof, including reasonable attomey's fees, shall be a charge upon the Lot and a continuing Iien upon the Lot against which each such assessment is made. Each such assessment, together with such intsrest, reasonable attomey's fees and costs af cal(ectian thereof,shall be a personal abligatian of the Owner of the Lot at the time when the assessrnent falis due. Such persanal obligation shall . not pass ta the Owner's successors in title unless expressly assumed by thenn. The f}wner{s) of Lat 21 shali not be required to pay any annua! andJor Special Assessme�ats an;dfor Capital Cor�tribntion other than atty fines or assessments imposed for viatating these cavenants. � � B. Purpose of Assessments. The assessments {both Annual Assessmants and Spacial Assessments, if any) levied by the Association shaIl be used exclusively for the purpc�se of . promoting the recreation, health, safety, enjoyment�and welfare of the residents ,in the Praperties, and in particular for the improvement,�reconstruction, repair, maintenance and . upkeep af the Common Areas, and any other purpose reasonable, necessary or incidentat to sur�h pvrposes as determined by the Board of Directors. Special Assessments shall be fixed as hereinafter provided. The Annua[ Assessment sha21 be set each year by the Board pf Directors, and, subject to the terms and provisions af Paragraph E hereaf, ail assessments must be fixed at a uniform rate for all lats. Declarant shall not be required to pay any AnnuaI Assessments for so long as Declarant shall own any"Declarant's Property". Within thirty (30} days aiter adoption of any propased budget for the Association and after the __ __- -- --Dectarant na ionger owns any C6Ueclar�nt Property�"fhe Bbard sfiati provide to aIl the. - - Owners a summary of the budget attd a natice af the meeting ta eonsider rati�cation of the budget, including a statement that the budget may be ratified without a quoruxn. Thc Soard shall set a date for a meeting of the 4wners to eonsider rati�ication of the budget,such meeting to be heldl not less than ten{lti)nor more than sixty(60)days after mailing af the sammary and notiee. There shall be no requirement that a quorum be present st the meeting. The budget is ratified uniess at the meeting a majority of all the ' Owners or any [arger vote specsed in the Declaration rejects the budget. In fhe event the propnsed budget is rejeeted,the periodic budget last rati�ed by the{)wners shalE be continued nnEii such #ame as the t)wners ra#ify a subsequent budget propased by the Board. C. Annuai Assessment far Off Lot Se�kic Area. The Association snall be responsible for the � maintenance and upkeep of the"OFF LOT SEPTI�AREA"as depicted on the recarded plats of the Subdivision, including but not limited to mowiitig, brush removaI and obtaining an annual inspection of each septic disposal field contained within the confines of the"OFF L4T . SEPTIC ARBA" and the inspaction of the corresponding septic tank and pump to each of chesa fields. In addition, the AssociatiQn shall ba responsible for maintaining and repairing any of the indlvidual seu+er coliection lines,French drain systems,and access road contained within the Septic Force Main Area. "1"he costs of this maintenance and inspectian shal} be borne by the Owners of the fourteen t14}lots served by the"UFF LOT SEPTIC AREA"and the Associatian shall bill aach such Owner within fifteen(I S}days of the annuai inspectian of the septic fieldslsystems for each Owner's share pf such costs. Such Owners shall pay sueh 14