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200000482
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Last modified
7/20/2017 7:15:36 PM
Creation date
10/20/2005 7:40:03 PM
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DEEDS
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200000482
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20U�U0482 <br /> when due, assessments shall bear interest at the rate of 16% per annum and, when shown <br /> of record, shall be a lien upon the lot. <br /> 18. ASSESSMENTS: Annual and special assessment for the administration, <br /> maintenance or improvement of the Commons and Easements and other special <br /> assessments specifically provided for in these Restrictive Covenants shall be levied by the <br /> Corporation. Annual and special assessments, other than for capital improvements, may <br /> be levied by the Board of Directors of the Corporation. Any special assessment for capital <br /> improvements shall be approved by the affirmative vote of two-thirds of each class of <br /> members affected and entitled to vote, at a regular of the members or at a special meeting <br /> of the members, if notice of a special assessment is contained in the notice of the special <br /> meeting. The members shall pay assessments to the Corporation within ten (10) days <br /> after billed. An estimate of the Corporation's costs for administration, maintenance and <br /> improvement of the Commons and Easements shall be made on February 1, 2000 and on <br /> or before January 10th of each year thereafter and each member shall pay within ten (10) <br /> days of the mailing the estimated assessment. At the end of each year the amount of the <br /> total year's operating costs that exceed the estimated assessment, if any, shall be <br /> assessed to the members of the Corporation and the members shall pay any excess <br /> charge to the Corporation within ten (10) days of the statement. <br /> (a) Budgets: Each year the Board shall prepare, approve and make available <br /> to each member a pro forma operating statement (budget) containing: <br /> (1) estimated revenue and expenses on an accrual basis; (2) the amount of <br /> the total cash reserves of the Corporation currently available for replacement <br /> or major repair of the Commons and Easements and for contingencies; and <br /> (3) a general statement setting forth the procedures used by the Board in the <br /> calculation and establishment of reserves to defray the costs of repair, <br /> replacement or additions to major components of the Commons and <br /> Easements. The total amount shall be charged against the Commercial <br /> Properties according to the allocation of Assessment Units. The Board shall <br /> annually prepare and approve the budget and distribute a copy to each <br /> member, together with written notice of the amount of the assessment to be <br /> levied against the member's lot, not less than ten (10) days prior to the <br /> beginning of the fiscal year. <br /> If the Board fails to determine the budget for any year, then until such <br /> time as a budget is approved, the budget in effect for the immediately <br /> preceding year shall continue for the current year. <br /> (b) Additional Charqes: In addition to any amount due or any other relief or <br /> remedy obtained against a member who is delinquent in the payment of any <br /> assessment, each member agrees to pay such additional costs, fees, <br /> charges and expenditures ("Additional Charges") as the Corporation may <br /> incur or levy in the process of collecting from that member monies due and <br /> delinquent. All Additional Charges shall be included in any judgment in any <br /> action brought to enforce collection of delinquent assessments. Additional <br /> Charges shall include, but not be limited to, the following: <br /> 5 <br />
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