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201309222
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Last modified
8/19/2014 2:24:43 PM
Creation date
11/22/2013 8:53:25 AM
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DEEDS
Inst Number
201309222
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Page 47 of 68 <br />201309222 <br />8.8 Rules Regarding Billing and Collection Procedures. <br />Regular Assessments shall be collected on a semi - annual basis or such other basis as may <br />be selected by the Board. Special Assessments may be collected as specified by the Board. The <br />Board shall have the right to adopt rules and regulations setting forth procedures for the purpose <br />of making Assessments and for the billing and collection of the Assessments; provided that such <br />procedures are not inconsistent with the provisions of this Declaration. The failure of the <br />Association to send a bill to any Owner shall not relieve such Owner of liability for any <br />Assessment or charge under this Declaration, but the Assessment Lien therefor shall not be <br />foreclosed until the Owner has been given written notice, at least thirty (30) days prior to such <br />foreclosure, that the Assessment or any installment thereof is or will be due and of the amount <br />owing. Such notice may be given at any time prior to or after delinquency of such payment. The <br />Association shall be under no duty to refund any payments received even though the ownership <br />of a Lot changes during an Assessment Period; however, successor Owners of Lots shall be <br />given credit for prepayments, on a prorated basis, made by prior Owners. <br />8.9 Creation of Assessment Lien; Effect of Nonpayment of Assessments; <br />Remedies of the Association. <br />Any Assessment or installment thereof not paid within fifteen (15) days after the <br />Assessment or installment first becomes due shall bear interest from the due date at the rate of <br />interest set from time to time by the Board. In addition, the Board may establish a late fee to be <br />charged to any Owner who has not paid any Assessment or installment thereof within fifteen <br />(15) days after such payment was due. <br />The Association shall have a lien on each Lot for all Assessments levied against the Lot, <br />all Collection Costs incurred as against the Lot, and any amounts payable to the Association <br />pursuant to the Community Documents ( "Assessment Lien "). The Recording of this Declaration <br />constitutes record notice and perfection of the Assessment Lien. <br />The Association may, at its option, Record a Notice of Assessment Lien setting forth the <br />name of the delinquent Owner, the legal description or street address of the Lot against which the <br />Notice of Assessment Lien is Recorded, and the amount claimed to be past due as of the date of <br />the Recording of the Notice, including Collection Costs. Before Recording any Notice of <br />Assessment Lien against a Lot, the Association shaII make a written demand to the defaulting <br />Owner for payment of the delinquent Assessments, together with Collection Costs, if any, and all <br />other amounts secured by the Assessment Lien. In the event that any of the amounts specified in <br />the demand are not paid within ten (10) days after delivery of the demand, the Association may <br />proceed with Recording a Notice of Assessment Lien against the Lot. If the Association Records <br />a Notice of Assessment Lien, the Association may charge the Owner against which the Notice of <br />Assessment Lien is Recorded a lien fee in an amount established from time to time by the Board. <br />The Assessment Lien shall have priority over all liens or claims except for liens and <br />encumbrances Recorded before the Recording of this Declaration, liens for real estate taxes and <br />other governmental assessments and charges, and the lien of any First Mortgage or seller's <br />interest in a first contract for sale Recorded prior to the Assessment Lien. Any First Mortgagee <br />or any other Person acquiring title or coming into possession of a Lot through foreclosure of the <br />
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