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202400135 <br />22. Common Expenses and Lien. The members shall pay annual and special <br />assessments for the common expenses. Annual and special assessments shall be in proportion to <br />allocated interests as hereinabove set forth in Section 6, except as follows: <br />(a) Any common expense, or portion thereof, benefiting fewer than all the <br />units must be assessed exclusively against the units benefited; and <br />(b) Any common expense caused by the misconduct of any unit owner or <br />their guests and invitees may be assessed by the association exclusively against that <br />owner's unit. <br />Each assessment shall be the personal obligation of the member who is the unit owner of the unit <br />assessed at the time of the assessment and shall bear interest at the rate of Sixteen Percent (16%) <br />per annum from the date established by the Executive Board of Directors of the association until <br />paid. <br />23. Violation of Unit Owner Obligations. The association shall have the right to record <br />in the office of the Hall County Register of Deeds, a written notice of a violation by any unit owner <br />of any restriction or provision of this Declaration or the association's By -Laws ("Notice of <br />Violation"). The Notice of Violation shall be executed and acknowledged by an officer of the <br />association and shall contain substantially the following information: <br />a. The name of the owner; <br />b. The legal description or street address of the unit against which the notice <br />is being recorded; <br />c. A brief description of the nature of the violation; <br />d. A statement that the notice is being recorded by the Association pursuant to <br />this Declaration; and <br />e. A statement of the specific steps that must be taken by the owner to cure the <br />violation. <br />Recordation of a Notice of Violation shall serve as notice to the owner and to any <br />subsequent purchaser of the unit that there is a violation of the provisions of this Declaration, the <br />By -Laws or the rules and regulations applicable to the Condominium. If, after the recordation of <br />such notice, it is determined by the association that the violation referred to in the Notice of <br />Violation has been cured, the association shall record a Notice of Compliance which shall state the <br />legal description or street address of the unit against which the Notice of Violation was recorded, <br />the recording date identifying the docket and page where the Notice of Violation was recorded, <br />and shall state that the violation referred to in the Notice of Violation has been cured. <br />24. Repairs Attributable to Unit Owner Actions. The Executive Board of Directors of <br />the association may assess a unit owner with the cost of maintenance or repair of common elements <br />necessitated by willful or negligent conduct of the unit owner or their guests and invitees by adding <br />such cost to the next assessment against that owner's unit. <br />25. Lien for Assessments. Pursuant to the provisions of Neb. Rev. Stat. Section 76- <br />874 the association has a lien on the unit for any assessment levied against that unit or monetary <br />penalties imposed against its unit owner from the time that the assessment or fine becomes due <br />and a notice containing the dollar amount of such lien is recorded in the Office of the Hall County <br />Register of Deeds. The association's lien may be foreclosed in the same manner as a mortgage on <br />real estate. Fees or charges for the use, rental or operation of the common elements, and for <br />services provided to unit owners; charges for late payment of assessments and after notice and <br />opportunity to be heard, assessments imposed upon unit owners for violation of the Declaration, <br />By -Laws and rules and regulations applicable to the condominium; and reasonable charges for the <br />preparation and recording of amendments to the Declaration or statements of unpaid assessments <br />levied or imposed by the association are enforceable as assessments under this section. If the <br />assessment is payable in installments, the full amount of the assessment is a lien from the time the <br />first installment of the assessment becomes due. <br />26. Priority of Liens. The lien of any annual or special assessment is prior to all other <br />liens and encumbrances on a unit except (1) liens and encumbrances recorded before the <br />recordation of the Declaration, (2) a first mortgage or deed of trust on the unit recorded before the <br />date on which the assessment sought to be enforced was recorded and (3) liens for real estate taxes <br />and other governmental assessments or charges against the unit. <br />Page 4 of 7 <br />