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be separated from ownership of any Lot and ownership of such Lot shall be the <br />sole qualification for membership; provided that, a Lot Owner may delegate or <br />assign his or her vote and obligations, liabilities and duties hereunder to a <br />tenant(s) in possession of a Lot. In case of a delegation or assignment to a <br />tenant(s) in possession of a Lot, prompt written notice shall be given to the <br />Association. Any such delegation or assignment shall not terminate the <br />obligations, liabilities and duties of the Lot Owner to perform and comply with this <br />Declaration. At its first meeting, the Association shall adopt Bylaws for its <br />organization and the conduct of its business, which Bylaws shall include a <br />provision for the election of directors and officers. Each Lot Owner shall be <br />subject to the obligations, assessments and duly enacted Articles, Bylaws and <br />rules of the Association. <br />b. Assignment from Owner to Association. Any or all rights and duties <br />of the Declarant under this Declaration, except as to Lot(s) of which the Declarant <br />is the titleholder, may be assigned in writing to the Association at any time in the <br />Declarant's sole discretion. <br />6. Assessments. <br />a. General and Special Assessments. The Association shall have the <br />right to levy assessments for the costs of operating and maintaining any common <br />areas in the Subdivision. Each Lot Owner's general assessment shall be <br />determined on an annual basis for each fiscal year, prorating fractional years and <br />changes in the ratios and percentages which may occur by issuance of occupancy <br />certificates. An estimate of the Association's costs shall be made annually and <br />each Lot Owner shall pay the general assessment(s) pursuant to the Bylaws of the <br />Association. At the end of each year a statement of the total year's operating costs <br />shall be presented to the Lot Owner and the Lot Owners shall pay any excess <br />charge to the Association within thirty (30) days of the statement. In addition, the <br />Association may levy special assessments at any time during the fiscal year for <br />emergency matters or material matters not included within the budget. Each Lot <br />Owner shall pay the special assessment(s) pursuant to the Bylaws of the <br />Association. Special assessments, other than for capital improvements, may be <br />levied by the Board of Directors of the Association. Any special assessment for <br />capital improvements shall be approved by the affirmative vote over sixty -six <br />percent (66 %) of the Lot Owners as measured by square footage of properties <br />within the Subdivision. <br />b. Self -help by the Declarant. Upon failure by a Lot Owner to comply <br />with any requirement of a Lot Owner stated in this Declaration after receiving <br />thirty (30) days prior notice to cure, the Declarant may contract for the services <br />reasonably necessary to bring the Lot into compliance and assess the actual cost <br />plus a maximum 15% administrative charge against the Lot. When shown of <br />record, such assessment shall be a lien upon the Lot and shall bear interest at the <br />rate established for unpaid assessments. <br />11 <br />201802607 <br />