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202400233 charge, furnish a certification signed by an Officer of the Association setting forth whether the assessments on a special Lot have been paid. Section 7. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessments not paid within thirty (30) days after the due date shall bear interest from due date at the rate of twelve percent (12%) per annum. If three or more monthly installments of assessment on any Lot shall be unpaid, then the remaining installments of the assessment for such fiscal year, at the option of the Board of Directors, shall become at once due and payable. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property in the same manner as provided by law for foreclosure of mortgages. No Owner may waive or otherwise escape liability for the assessments provided by non-use of the Common Area or abandonment of his or her Lot. Section 8. Subordination of the Lien to Mortgages and Release of Lien. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage and any first mortgagee may rely on this provision without execution of any further subordination agreement by the Association. Sale or transfer of any Lot shall not affect the status or priority of the lien for assessments made as provided herein. The Board of Directors of the Association may release the lien of past due assessments on property as to which the first mortgage is in default if the Board determines that the lien has no value to the Association. ARTICLE IV. ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, exterior color scheme, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by an affirmative vote of the majority of the Board of Directors of the Association. In the event that the Board of Directors of the Association fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE V PARTY WALLS Section 1. General Rules of Law to Apply. Each wall built as a dividing wall between separate dwellings constructed upon the Lots as part of the original construction of homes upon the properties shall constitute a party wall to be used by the adjoining land Owners as such, notwithstanding the fact that the wall so constructed, through error in construction or settling of the wall, may not be located precisely on the dividing line between the Lots. To the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 2. Destruction of Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty to the extent the same is not covered by insurance, any Owner who has used the wall may restore it and shall have and there is hereby created an easement over the premises of the adjoining landowner for the purpose of construction of said wall, and if any other Owner thereafter makes any use of the wall, by commencing of construction on his or her premises adjoining said wall, such other Owner shall contribute to the cost of restoration thereof in the proportion of which the adjoining Owner uses the wall without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. 3