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202002679
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Last modified
3/11/2021 10:43:25 AM
Creation date
4/30/2020 3:49:33 PM
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DEEDS
Inst Number
202002679
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202002679 <br />8.4 Subdivision Assessments. <br />All Subdivision Expenses shall be shown separately in the budget adopted by the Board. <br />The Subdivision Expenses shall be assessed solely against the Assessable Lots within the <br />Subdivision Assessment Area. No Subdivision Expenses shall be used in computing the Regular <br />Assessments to be levied pursuant to Section 8.2. Unless otherwise provided for in the applicable <br />Supplemental Declaration, Subdivision Assessments shall be levied in an equal amount against <br />each Assessable Lot within the Subdivision Assessment Area. If the Board determines during any <br />Assessment Period that any Subdivision Assessment is or will be inadequate to pay all Subdivision <br />Expenses for any reason, including without limitation nonpayment of Subdivision Assessments by <br />Owners, then the Board may increase the Subdivision Assessment for that Assessment Period and <br />the revised Subdivision Assessment shall commence on the date designated by the Board. <br />In addition to a Subdivision Assessment assessed pursuant to this Section, the Association <br />may assess a special Subdivision Assessment against each Assessable Lot within a Subdivision <br />Assessment Area for the purpose of obtaining funds to pay the cost of any construction, <br />reconstruction, repair, or replacement of an Improvement situated on the Subdivision Common <br />Area. Any such special Subdivision Assessment shall be levied in an equal amount against each <br />Assessable Lot within the Subdivision Assessment Area. <br />8.5 Enforcement Assessments. <br />The Association may impose an Enforcement Assessment against any Owner for any <br />Collection Costs incurred as against the Owner and any monetary penalties levied against the <br />Owner. The Enforcement Assessment shall be automatically imposed against an Owner at such <br />time as the Collection Costs are incurred by the Association or, in the case of a monetary penalty, <br />the date the monetary penalty is imposed against the Owner by the Board. <br />8.6 Assessment Period. <br />The period for which each Regular Assessment is to be levied shall be the calendar year, <br />except that the first Assessment Period shall commence on the first day of the first full month <br />following conveyance of the first Lot to a Purchaser and shall terminate on December 31 of that <br />year. The Board, in its sole discretion, may change the Assessment Period from time to time. <br />8.7 Obligation of Declarant and Designated Builders for Deficiencies. <br />During the Declarant Control Period, the Declarant and the Designated Builders shall pay <br />and contribute to the Association such funds as may be necessary, when added to the Assessments <br />levied by the Association, to pay all Common Expenses of the Association as they become due. <br />The payment of any such amounts shall be allocated between the Declarant and the Designated <br />Builders on a pro rata basis according to the number of Lots owned by each as of the date the <br />payment is requested by the Board. The Board may require the payment of such funds from time <br />to time as the Board deems necessary by giving written notice thereof to the Declarant and the <br />Designated Builders. Each such notice shall state the total amount of funds required and the <br />calculation of the pro rata share to be paid by the Declarant and each Designated Builder. In no <br />event shall the Declarant or a Designated Builder be obligated to contribute funds to the <br />Association in excess of the amount that would have been assessed against the Declarant or <br />Designated Builder had the Lots owned by the Declarant or Designated Builder been Assessable <br />Lots. <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 Assessment <br />or charge under this Declaration, but the Assessment Lien therefor shall not be foreclosed until the <br />Owner has been given written notice, at least thirty (30) days prior to such foreclosure, that the <br />Assessment or any installment thereof is or will be due and of the amount owing. Such notice may <br />be given at any time prior to or after delinquency of such payment. The Association shall be under <br />Page 35 of 52 <br />
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