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202500670 performance of its duties during such Common Expenses Assessments year. Unless otherwise agreed by all of the Unit Owners, the amounts determined, levied and assessed pursuant hereto shall be assessed proportionately against each Unit, in accordance with Article 4, Paragraph 2, Table of Allocations. 4) Budget. The Board of Directors shall fix the amount of the annual Common Expense Assessments against each Unit at least annually. Adjustments to the budget may be made by the Board of Directors more frequently. 5) Special Assessments. In addition to the Common Expense Assessments authorized above, the Association may at any time, from time to time, determine, levy and assess Special Assessments for the purpose of defraying in whole or in part, payments for any construction reconstruction, repair, demolition, replacement or maintenance of the Common Elements or for Capital Improvements. Any such Special Assessments made by the Board of Directors must be Approved by a majority of the Members who are voting in person or by proxy at a meeting duly called for that purpose. Unless otherwise agreed by all of the Unit Owners, the amounts determined, levied and assessed pursuant hereto shall be assessed proportionately against each Unit, in accordance with Article 4, Paragraph 2, Table of Allocations. ARTICLE 9 ASSOCIATION'S LIEN Association Lien and Effect of Non -Payment of Assessments. The Assessments including all charges, fees, fines, impositions, interest, costs, late charges, expenses and reasonable attorneys' fees which may arise under the provisions of this Declaration, also including any installment thereof (collectively "Assessments"), shall be burdens running with, and perpetual liens in favor of the Association upon the specific Unit to which such Assessments apply. Recording of this Declaration constitutes record notice and perfection of the Association's lien. Further recording of a claim of lien for Assessments is not required. Any Assessments provided for in this Declaration which are not fully paid within thirty (30) days after the due date thereof shall bear interest at the rate of ten percent (10%) per annum from the due date or a date established by the Association, and the Association may assess a late charge thereon which late charge shall also be subject to interest charges. In the event of default in which any Unit Owner does not make payment of any Assessments levied against the Unit Owner's Unit within thirty (30) days of the due date, the Board of Directors my declare all unpaid Assessments for the pertinent fiscal year immediately due and payable. The Association may bring an action at law or in equity or both against any Unit Owner personally obligated to pay such overdue Assessments, may foreclose its lien against such Unit Owner's Unit. An action at law or in equity by the Association against a Unit Owner to recover money judgment for unpaid Assessments may be commenced and pursued by the Association without foreclosing or in any way waiving the Association's lien therefore. If any such Assessments are not fully paid when due and the Association commences such action (or counterclaims or cross claims for such relief in any action) against any Unit Owner personally obligated to pay the same, or proceeds to foreclose its lien against the particular Unit, then all unpaid Assessments, and any and all late charges and accrued interest under this Section, the Association's costs, expenses and reasonable attorneys' fees incurred in preparing and recording any lien notice, and the Association's costs of suit, expenses and reasonable attorneys' fees incurred for any such action and/or foreclosure proceedings shall be taxed by the court as a part of the cost of any such action or foreclosure proceeding and shall be recoverable by the Association from any Unit Owner personally obligated to pay the same and from the proceeds of the foreclosure sale of such Unit Owner's Unit. Foreclosure, attempted foreclosure, or failure to foreclose by the Association of its lien shall not be deemed to estop or otherwise preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessments not fully paid when due. 7