Orange County NC Website
85 <br /> In addition to the Annual Assessment authorized above, the Association may levy, in any <br /> assessment year, a special assessment ("Special Assessment") for one or more of the following <br /> purposes: (i) paying the cost of the construction of any Common Area and/or Maintenance Area <br /> improvements which are not originally constructed by Declarant; or (ii) paying the cost of the <br /> reconstruction, repair or replacement of the Common Areas and/or Maintenance Areas, including <br /> any improvements located thereon; or (iii) paying the cost of preventative actions to protect the <br /> Property or any improvements located thereon, and to further reconstruct, repair or replace any <br /> portion of the Property or such improvements following an emergency, including but not limited <br /> to,floods,hurricanes,tornadoes, fires,acts of God or other naturally occurring phenomena; or(iv) <br /> paying the costs to acquire land and/or improvements from Declarant to be used as Common Area; <br /> or (v) any other similar purpose. Provided, however, (a) Declarant shall not be obligated to pay <br /> any Special Assessments on Lots owned by Declarant except with Declarant's prior written <br /> approval, and (b) any Special Assessment must be approved by Declarant (so long as Declarant <br /> owns any part of the Property). <br /> Section 6. Special Individual Assessments <br /> . In addition to the Annual Assessments and Special Assessments authorized above, the Board of <br /> Directors shall have the power to levy a special assessment applicable to any particular Owner <br /> ("Special Individual Assessment") (i) for the purpose of paying for the cost of any construction, <br /> reconstruction, repair or replacement of any damaged component of the Common Areas and/or <br /> Maintenance Areas and any improvements located thereon, whether occasioned by any act or <br /> omission of such Owner(s), members of such Owner's family or such Owner's agents, guests, <br /> employees, tenants or invitees and not the result of ordinary wear and tear; or (ii) for payment of <br /> fines, penalties or other charges imposed against any particular Owner relative to such Owner's <br /> failure to comply with the terms and provisions of this Declaration, the Bylaws or any rules or <br /> regulations promulgated by the Association or the Declarant pursuant to this Declaration or the <br /> Bylaws. Provided, however, Declarant shall not be obligated to pay any Special Individual <br /> Assessment except with Declarant's prior written approval. The due date of any Special Individual <br /> Assessment levied pursuant to this Section 6 shall be fixed in the Board of Directors resolution <br /> authorizing such Special Individual Assessment. Upon the establishment of a Special Individual <br /> Assessment, the Board shall send written notice of the amount and due date of such Special <br /> Individual Assessment to the affected Owner(s) at least thirty (30) days prior to the date such <br /> Special Individual Assessment is due. <br /> Section 7. Collection Agent <br /> . At the option of the Board of Directors,any person or entity designated by the Board of Directors <br /> may act as collection agent for any and all assessments imposed by the Association and/or the <br /> Board against the Owners. <br /> Section 8. Assessments Aizainst Lots Owned by Declarant <br /> . Anything to the contrary set forth in this Declaration notwithstanding, the Annual Assessments <br /> on each Lot owned by Declarant shall be an amount equal to ten percent (10%) of the amount of <br /> the Annual Assessments on each Lot owned by an Owner other than Declarant;provided,however, <br /> that for calendar years beginning prior to the Turnover Date, in lieu of payment of Annual <br /> 14 <br />