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202111035
<br />December. Election of Officers will take place at this time. Special meetings
<br />may be called by the President at any time to handle specific business. Any
<br />three members may request the officers to call a meeting if necessary. Proper
<br />notification of all members must be made.
<br />Section 4. Further governance of the Association is set forth in the RESTATED
<br />BYLAWS OF FAIRWAY MEADOWS HOMEOWNERS ASSOCIATION, INC.
<br />ARTICLE IV.
<br />COVENANT FOR MAINTENANCE ASSESSMENTS
<br />Section 1. Creation of the Lien and Personal Obligation of Assessments. The
<br />Declaration for each Lot owned within the Property hereby covenants, and each Owner of any Lot by
<br />acceptance of a deed, therefore, whether or not it shall be so expressed in such deed, is deemed to
<br />covenant and agree to pay the Association: (1) Regular annual assessments or charges for the
<br />purposes of maintenance as hereinafter set forth, including but not limited to: snow removal of
<br />driveways and sidewalks; the cutting and trimming of grass, application of fertilizer, herbicides, and
<br />pesticides to the lawn; and fertilizing, trimming and care of shrubs and trees, and maintenance of the
<br />pump and sprinkler systems; (2) regular assessments for liability insurance; and (3) assessments for
<br />capital improvements, such assessments to be established and collected as hereinafter provided. Such
<br />regular and special assessments, together with interest, costs, and reasonable attorney's fees, shall be
<br />and constitute, from the date levied until paid, a continuing charge against and lien upon such lot or
<br />property against which each such assessment is made, without any requirement of recording further
<br />notice of such lien. Each such assessment, together with interest, costs, and reasonable attorney's
<br />fees, shall also be the personal obligation of each person who was an Owner of such lot at the time
<br />when the assessment fell due. The personal obligation for delinquent assessments shall not pass to
<br />successor Owners unless expressly assumed by them.
<br />Section 2. Purpose of Assessments. The Assessments levied by the Association shall be
<br />used exclusively to promote and sustain their social welfare and otherwise provide for their health,
<br />pleasure, recreation, safety, and other nonprofitable interests by acquiring, maintaining, operating,
<br />contributing to the acquisition, maintenance, or operation of, or otherwise making available for use
<br />any one or more area entrances or entry structures, recreational equipment, facilities, grounds or
<br />structures, to provide weed and other actual or potential nuisance control, and to provide architectural
<br />control and secure compliance with or enforcement of applicable covenants, easements, restrictions;
<br />and similar limitations, and to undertake such other activities appropriate, convenient or necessary to
<br />promote or sustain any such interest. The Association is specifically authorized hereunder to contract
<br />with any professional management company to furnish professional management of the properties
<br />and to provide said exterior maintenance as set forth herein.
<br />Section 3. Regular Assessments. Before each fiscal year, the Board of Directors of the
<br />Association shall adopt and fix in reasonably itemized detail an annual budget of the Working Fund
<br />for the then anticipated fiscal affairs and general operations of the Association for that year, and shall
<br />pay a levy and collect monthly assessments from each Townhome on the properties which, if any,
<br />shall be sufficient to fund the budget for said fiscal year.
<br />Section 4. Special Assessments for Capital Improvements and Extraordinary Expenses.
<br />In addition to the annual assessments authorized in Section 3 above, the Association may levy in any
<br />assessment year a special assessment applicable to that year only for the purpose of defraying, in
<br />whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital
<br />improvement upon the common area, including whole, or in part, any extraordinary general expenses
<br />of the Association provided that any such assessment shall have the assent of sixty percent (60%) of
<br />the vote of members who are voting in person or by proxy at a meeting call for this purpose. One -
<br />twelfth (1/12) of said assessments shall be due and payable one month from the date of levy with a
<br />like sum due and payable each and every month thereafter, along with the regular assessments with
<br />respect to said lot until said assessment shall be paid in full.
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