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established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorneys fees, shall be a charge on the land and shall be a continuing lien upon the property against which assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys fees, shall also be the joint and several personal obligation of the person or persons who were the owner of the property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his or her successors in title unless expressly assumed by them. C. The Board of Directors of Cottonwood Lake Association, in its sole and absolute discretion, may fix the amount of the annual assessment as follows: 1. In addition to the annual assessment authorized above, Cottonwood Lake Association may levy, in any assessment year, which shall be a calendar year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, repair, replacement, and normal maintenance of capital improvements, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of 60% of the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose. 2. Both annual and special assessments must be fixed uniformly for all members. 3. The assessments levied by Cottonwood Lake Association shall be used exclusively to promote the recreation, health, safety, beautification, and welfare, of Cottonwood Lake. VI. VIOLATION OF COVENANTS, RESTRICTIONS AND CONDITIONS 201702371 If any Owner or Owners, or their heirs, or assigns, shall violate or attempt to violate any of the covenants, restrictions and conditions set forth in this Agreement, it shall be lawful for any other Owner or for Cottonwood Lake Association, to prosecute such proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, and to prevent him from doing so or to recover damages for such violations. In addition to the foregoing right, Cottonwood Lake Association, its successors and assigns, shall have the right to enter upon the property of any Owner where such violation exists and summarily abate or remove the same at the expense of the Owner