202500366 - Laserfiche WebLink

Browse

202500366 7) No Partition of Common Elements. The Common Elements and Limited Common Elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the Common Elements made without the Unit to which that interest is allocated is void. ARTICLE 7. LIMITED COMMON ELEMENTS 1) Limited Common Elements. Shutters, exterior doors and windows designed to serve a single Unit are Limited Common Elements. Limited Common Elements are allocated exclusively to the Unit they serve. 2) Expense Allocation. Any Common Expense associated with the maintenance, repair, or replacement of a Limited Common Element shall be assessed against the Unit to which the Limited Common Element is assigned. ARTICLE 8. ASSESSMENTS 1) Personal Obligation of Assessments and Special Assessment. Declarant, for each Unit owned within the Property, shall be deemed to covenant and agree, and each Unit Owner by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance shall be deemed to covenant and agree to pay to the Association all Assessments and fines, together with such interest thereon and costs (including court costs) of collection thereof as herein provided. Said Assessments, fines, interest and costs of collection, including reasonable attorneys' fees, shall be the personal obligation of the Person who was the Unit Owner at the time when the Assessments or fines became due. The personal obligation for any delinquent Assessments or fines shall not pass to its successors in title unless expressly assumed by them. No Unit Owner may become exempt from liability for payment of Assessments or fines by waiver of the use or enjoyment of the Common Elements or by abandonment of the Unit against which Assessments are made. Nothing in this Section shall be construed to, in any way, limit the Association's ability to enforce liens upon a Unit. 2) Purpose of Assessments. The Assessments levied by the Association through its Board of Directors shall be used exclusively: (i) to promote the health, safety and welfare of the condominium; (ii) to maintain, repair and upkeep the Common Elements and for any other maintenance obligations or common services which may be deemed necessary by the Association for the common benefit of the Unit Owners; (iii) to maintain property values; (iv) to pay expenses which may be incurred by virtue of an agreement with, or requirement of, any city, county or other local government authority; (v) to pay Common Element property taxes, utilities, snow removal, land scaping and street scaping; (vi) to provide adequate insurance of various types and in such amounts deemed necessary by the Board of Directors for the Common Elements; (vii) to pay assessments pursuant to any declaration of covenants, restrictions and Conditions applicable to the Property as may be amended from time to time; and (viii) provide a reserve fund for replacements of Common Elements or items thereon. 3) Annual Common Expense Assessments. The total annual Common Expense Assessments against all Units shall be based upon the Association's advance budget of the cash requirements needed by it to provide for the administration and performance of its duties during such Common Expenses Assessments year. Unless otherwise agreed by the Unit Owners, the amounts determined, levied and assessed pursuant hereto shall be 7