| Article V Accounting, Budget and
Assessments. Section 5.021
Annual Accounting. Annually, as soon as practicable after the close of
each fiscal year, the Board shall cause to be prepared and furnish to each
Owner a financial statement prepared by the Declarant or its successor,
which statement shall show all receipts and expenses received, incurred and
paid during the preceding calendar year. The Association shall furnish such
financial statement for the preceding fiscal year free of charge to any
holder, insurer or guarantor of first mortgage who shall so request in
writing.
Section 5.02 Proposed Budget.
Annually, on or before the date of the Annual Meeting of the Association,
the Board of Directors shall cause to be prepared a proposed Annual Budget
for the ensuing or current fiscal year estimating the total amount of the
Common Expenses for such fiscal year. The Board of Directors shall furnish a
copy of such proposed Annual Budget to each Owner prior to or at the Annual
Meeting. The Annual Budget shall be submitted to the Owners at the Annual
Meeting of the Association for review and comments, prior to adoption by the
Board, and, if so adopted, shall be the basis for the Annual Assessment for
the following fiscal year. At the Annual Meeting of the Owners, the Budget
may be approved in whole or in part or may be amended in the whole part or
in part, by the Board of Directors.
Section 5.03 Annual and Special
Assessments. Common Expenses shall be assessed to the Owners, either as
an Annual Assessment, or as a Special Assessment, equally with respect to
each lot which is subject to assessment, all as set fourth below.
(A) An Annual Assessment shall be made for
each Fiscal Year of the association for all anticipated ongoing operation
expenses of Association, including reserves. The amount of the aggregated
Annual Assessments shall be equal to the total amount of Expenses provided
for in the Annual Budget, including reserve items.
(B) Special Assessments may be made for any
unusual and/or extraordinary items, including capital expenditures, and any
unanticipated items. Special Assessments shall be payable in such amounts
and at such times as may be provided in the resolution or other formal
proposal setting fourth the terms of such Special Assessments.
( C) The Annual Assessment and all Special
Assessments, together with interest, late charges, cost and reasonable
attorney's fees, shall be a continuing lien on the lot upon which each such
assessment is made as each installment thereof becomes payable. Each such
assessment, together with interest, late charges, cost and reasonable
attorney's fees, shall also be the personal obligation of the person who was
the Owner of the lot at the time the assessment was payable.
Section 5.04 Fiscal Year. The Fiscal
year of the Association shall commence on January 1 and end December 31, but
the Board of Directors may change such Fiscal Year.
Section 5.05 Limitation on Assessments.
During the Fiscal Year ending on or prior to December 31, 1998, the Maximum
Regular Annual Assessment shall be $150.00 per Residence Unit per year
payable in advance, annual. For the purpose of this Section any lot
re-acquired by the Developer after it has been sold shall be deemed not to
be owned by the Developer.
Section 5.06 Vote for Special
Assessments. No Special Assessment shall be adopted unless voted for by
two-thirds (2/3) of the members of the Association who are voting in person
or by proxy at a meeting called for this purpose. However, Special
Assessments required because of an insufficiency of insurance shall not be
subject to any vote by the owner.
Section 5.07. Notice of Meetings for
Assessment. Written notice of any meeting other than the Annual Meeting
which is called for the purpose of reviewing the Annual Budget and Annual
Assessment, shall be given or sent to all members and such notice shall
state that the Annual Budget and/or a Special Assessment will be considered
at such meeting.
Section 5.08 Commencement of
Assessments. The Annual Assessments provide for herein shall be made for
each Fiscal Year of the Association. The Annual Assessment shall be set for
each fiscal year of the Association. If the Annual Assessment has not been
set by the first day of the Fiscal Year, then the payments due on the Annual
Assessment shall be based upon a Tentative Annual Budget set by the Board of
Directors, and if none is set then the Assessments shall be based on the
prior year's assessments until the Annual Budget and the Annual Assessment
for such Fiscal Year is approved. If more than one lot is conveyed or rented
with a home, then each lot, or part part, shall be subject to the Annual
Assessment for the Fiscal Year in which occurs the conveyance of the first
lot to an Owner other than a builder shall be established by the Developer.
No lot shall be liable for payment of the Annual Assessment until after a
home on the lot is substantially completed and is then conveyed by the
Builder of the home to a purchaser. At that time of the first conveyance of
a home, the purchaser shall pay a prorated assessment for the balance of the
year in which the lot is conveyed. The seller of each lot shall be
responsible to notify the Association of his sale of the lot and to give to
the association the purchaser's name and address for mailing purposes and
satisfaction evidence of his ownership.
Section 5.09 Delinquent Assessment.
Any payment of an Assessment which is not paid with fourteen days of the
date when due shall automatically be subject to a late charge of $25.00.
Late charges may continue to be assessed for each month a payment remains
outstanding. The Board of Directors shall have right to change the amount of
the late charge, the time period before such charge is imposed, and to make
other provisions for late charge, and/or for imposing interest on late
payments. The Board of Directors shall have the right to charge the Home
Owner any and all costs that the Association may incur in securing the
annual Association fee, late fees. Such costs may also include but not
limited to legal fees, Management fees, etc. The Association may bring an action at law against the Owner
personally obligated to pay the same; it may foreclose its lien against the
Owner's lot; or it may assert both rights and/or other remedy available to
it in law or in equity.
Section 5.10 Lien of Assessments.
All sums assessed by the Association, nut unpaid, including installments of
Annual Assessment and Special Assessments, and any fines duly imposed by the
Association, together with late charges, interest, attorney's fees and the
cost of collection thereof, shall constitute a lien on the Owners lot prior
to all other liens, except only:
(A) Tax Liens on the lot in favor of any
assessing unit or special district; and
(B) All sums unpaid on a first mortgage of
record.
The sale or transfer of any lot by
foreclosure ( but not any other transfer), shall extinguish the assessment
lien for payments which became due prior to the date of such sale or
transfer, but shall not extinguish the personal liability for any
assessments thereafter becoming due or from the lien thereof. The lien for
sums assessed may be foreclosed by a suit by the association or Managing
Agent on its behalf in like manner as a mortgage of such property. In any
such foreclosure the Owner shall be required to pay a reasonable rental for
the use and occupancy of the lot. The Association, upon the affirmative vote
of 90% of all the Owners ( so authorizing and setting up a special
assessment to pay for the same ), shall have the power to bid on the lot at
any foreclosure sale and too acquire and hold, lease, mortgage and convey
the same.
Section 5.11 Liability of Grantee.
In a voluntary conveyance of a lot other than a deed in lieu of foreclosure,
the grantee of the lot shall be jointly and severally liable with the
grantor for all unpaid assessments up to the time of the grant or
conveyance, without prejudice to the grantee's right to recover from the
grantor the amounts paid by the grantee thereof. Upon the request of any
Owner, purchaser or mortgagee, the Secretary or other authorized
officer of the association or the Managing Agent shall provide within seven
(7) days of the request, a statement of the amount of current and delinquent
assessments by the Association, including fines, and charges, against a
particular lot. The Association may charge a reasonable charge for such
statement is a Mortgagee or purchaser of or from the Owner. Once having been
furnished with such a statement, such person( other than the delinquent
Owner) shall not be liable for, nor shall the lot conveyed be subject to a
lien for, any unpaid assessments made by the Association against the grantor
in excess of the amount therein set fourth, plus costs of collection of such
sums, if applicable.
Section 5.12. Failure of Owner to Pay
Assessments. Each Owner shall be personally liable for the payment of
all Annual and Special Assessments. Where the Owner constitutes more than
one person, the liability of such persons shall be joint and several. The
Board may, at its option, bring a suit to recover a money judgment for any
unpaid Annual or Special Assessments without foreclosing or waiving the lien
securing the same, or it may bring a joint action to recover money damages
and to foreclose it liens on the lot.
Article VI
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