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202500366 <br />assessed proportionately against each Unit, in accordance with Article 4, Paragraph 2, <br />Table of Allocations. <br />4) Budget. The Board of Directors shall fix the amount of the annual Common <br />Expense Assessments against each Unit at least annually. Adjustments to the budget may <br />be made by the Board of Directors more frequently. <br />5) Special Assessments. In addition to the Common Expense Assessments authorized <br />above, the Association may at any time, from time to time, determine, levy and assess <br />Special Assessments for the purpose of defraying in whole or in part, payments for any <br />construction reconstruction, repair, demolition, replacement or maintenance of the <br />Common Elements or for Capital Improvements. Any such Special Assessments made by <br />the Board of Directors must be Approved by a majority of the Members who are voting in <br />person or by proxy at a meeting duly called for that purpose. Unless otherwise agreed by <br />the Unit Owners, the amounts determined, levied and assessed pursuant hereto shall be <br />assessed proportionately against each Unit, in accordance with Article 4, Paragraph 2, <br />Table of Allocations. <br />ARTICLE 9. ASSOCIATION'S LIEN <br />1) Association Lien and Effect of Non -Payment of Assessments. The Assessments <br />including all charges, fees, fines, impositions, interest, costs, late charges, expenses and <br />reasonable attorneys' fees which may arise under the provisions of this Declaration, also <br />including any installment thereof (collectively "Assessments"), shall be burdens running <br />with, and perpetual liens in favor of the Association upon the specific Unit to which such <br />Assessments apply. Recording of this Declaration constitutes record notice and perfection <br />of the Association's lien. Further recording of a claim of lien for Assessments is not <br />required. Any Assessments provided for in this Declaration which are not fully paid within <br />twenty (20) days after the due date thereof shall bear interest at the rate of ten percent <br />(10%) per annum from the due date or a date established by the Association, and the <br />Association may assess a late charge thereon which late charge shall also be subject to <br />interest charges. In the event of default in which any Unit Owner does not make payment <br />of any Assessments levied against the Unit Owner's Unit within thirty (30) days of the due <br />date, the Board of Directors may declare all unpaid Assessments for the pertinent fiscal <br />year immediately due and payable. <br />The Association may bring an action at law or in equity or both against any Unit Owner <br />personally obligated to pay such overdue Assessments, may foreclose its lien against such <br />Unit Owner's Unit. An action at law or in equity by the Association against a Unit Owner <br />to recover money judgment for unpaid Assessments may be commenced and pursued by <br />the Association without foreclosing or in any way waiving the Association's lien therefore. <br />If any such Assessments are not fully paid when due and the Association commences such <br />action (or counterclaims or cross claims for such relief in any action) against any Unit <br />Owner personally obligated to pay the same, or proceeds to foreclose its lien against the <br />particular Unit, then all unpaid Assessments, and any and all late charges and accrued <br />interest under this Section, the Association's costs, expenses and reasonable attorneys' fees <br />incurred in preparing and recording any lien notice, and the Association's costs of suit, <br />expenses and reasonable attorneys' fees incurred for any such action and/or foreclosure <br />proceedings shall be taxed by the court as a part of the cost of any such action or foreclosure <br />proceeding and shall be recoverable by the Association from any Unit Owner personally <br />obligated to pay the same and from the proceeds of the foreclosure sale of such Unit <br />8 <br />