202305888 - Laserfiche WebLink

Browse

202305888 the recording date identifying the docket and page where the Notice of Violation was recorded, and shall state that the violation referred to in the Notice of Violation has been cured. 31. Proportional Assessments for Insurance and Utilities. The Executive Board of Directors of the association may assess the costs of insurance in proportion to the risk and the costs of utilities in proportion to usage if those utilities are not separately metered. 32. Repairs Attributable to Unit Owner Actions. The Executive Board of Directors of the association may assess a unit owner with the cost of maintenance or repair of common elements or exterior surfaces necessitated by willful or negligent conduct of the unit owner or their guests and invitees by adding such cost to the next assessment against that unit. 33. Lien for Assessments. Pursuant to the provisions of Neb. Rev. Stat. Section 76-874 the association has a lien on the unit for any assessment levied against that unit or monetary penalties imposed against its unit owner from the time that the assessment or fine becomes due and a notice containing the dollar amount of such lien is recorded in the Office of the Hall County Register of Deeds. The association's lien may be foreclosed in the same manner as a mortgage on real estate. Fees or charges for the use, rental or operation of the common elements, and for services provided to unit owners; charges for late payment of assessments and after notice and opportunity to be heard, assessments imposed upon unit owners for violation of the Declaration, By -Laws and rules and regulations applicable to the condominium; and reasonable charges for the preparation and recording of amendments to the Declaration or statements of unpaid assessments levied or imposed by the association are enforceable as assessments under this Section. If the assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment of the assessment becomes due. 34. Priority of Liens. The lien of any annual or special assessment is prior to all other liens and encumbrances on a unit except (1) liens and encumbrances recorded before the recordation of the Declaration, (2) a first mortgage or deed of trust on the unit recorded before the date on which the assessment sought to be enforced was recorded and (3) liens for real estate taxes and other governmental assessments or charges against the unit. 35. Capital Improvements. Annual and special assessments, other than for capital improvements, may be levied by the Executive Board of Directors of the association. Any special assessment for capital improvement shall be approved by the affirmative vote of unit owners representing Sixty -Seven Percent (67%) of the allocated interests, present in person or by proxy, at a regular meeting of the members or at a special meeting of the members if notice of the special assessment is contained in the notice of the special meeting. 36. Binding Effect. The covenants contained in this Declaration shall run with the land and shall bind the Declarant and all persons claiming under the Declarant. 37. Enforcement. Enforcement of the covenants contained in this Declaration may be, by proceedings at law or in equity, against any person violating or attempting to violate any covenant. The proceedings may be to restrain the violation or recover damages and, by the association, may be to enforce any lien or obligation created by the covenants. 38. Amendments. The condominium established by this Declaration may be amended, in writing, by the Declarant at any time during the period that Declarant shall retain developmental rights and control as set forth in Section 6 of this Declaration or by the unit owners of Sixty -Seven Percent (67%) of the units at any time. The condominium established by this Declaration may be terminated, in writing, by the unit owners of Eighty Percent (80%) of the units. 39. Severability. The invalidation of any one of the provisions of this Declaration shall not affect the validity of the remaining provisions. 40. Reformation. Consistent with the intent of this Declaration, to the extent that such intent may be ascertained by the terms of this Declaration, any provision contained in this Decla- ration shall be reformed to the extent necessary to create a valid and enforceable provision consistent with that intent in the event a court of competent jurisdiction shall determine any provision herein contained is void and unenforceable as drafted. Page 7 of 8