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2025O5976 <br />Each suite or garage owner or, if more than one, owners, jointly and severally, <br />shall be personally liable for the payment of assessments under the preceding Sections. <br />Upon the expiration of thirty (30) days from the due date of an assessment, if said <br />assessment remains unpaid, the Association may bring suite against the owner or owners <br />of said suite or garage for recovery of the same. If the assessment is a monthly <br />installment of an annual assessment, the default in payment of one installment when due, <br />may, at the option of the Association, cause the remainder of the installments due for that <br />annual period to become immediately due and payable. The defaulting suite or garage <br />owner shall be liable for the unpaid assessment or assessments, interest thereon from the. <br />due date to the date paid at the highest legal rate, and attorney fees and expenses incurred <br />in the collection of the same. No proceeding to collect defaulted assessments pursuant to <br />this Section shall constitute a waiver of the lien of the Association against said defaulting <br />owner's suite or garage nor a waiver of the right of the Association to foreclose thereon. <br />The grantee of a suite or garage shall be jointly and severally liable with the <br />grantor for all unpaid assessments against the latter up to the time of the grantor <br />conveyance, without prejudice to the grantee's right to recover from the grantor the <br />amount paid by the grantee therefor; provided, however, that upon payment of a <br />reasonable fee and upon written request, any such prospective grantee shall be entitled to <br />a statement from the Board of Administrators, or the Manager, in the form set forth in <br />Section 9 of Article V, which shall be conclusive upon the Association in favor of all <br />persons relying thereon in good faith. Unless such request for a statement of <br />indebtedness shall be complied with within thirty (30) days of such request, then such <br />grantee shall not be liable for, nor shall the condominium suite or garage conveyed be <br />subject to a lien for any unpaid assessments accruing prior to the date of such request. <br />Section 6. Assessment Lien. <br />If any suite or garage owner shall fail or refuse to make any payment of an <br />assessment when due, the amount thereof shall constitute a lien on the interest of the suite <br />or garage owner in his/her suite or garage and the Administrators may (but are not <br />required to) record such lien in the Office of the Register of Deeds; whereupon, said lien <br />shall be privileged over and prior to all liens and encumbrances except assessments, liens <br />and charges for taxes past due and unpaid on the suite or garage and except prior duly <br />recorded mortgage and lien instruments. Assessments delinquent more than thirty (30) <br />days after the due date shall bear interest at the highest legal rate from the due date <br />unpaid paid. The delinquency of one installment of an annual assessment shall cause all <br />remaining installments, at the option of the Association, to immediately become due and <br />payable. The Board of Administrators shall have the right and duty to attempt to recover <br />such common charges, together with interest thereon, and the expenses of the proceeding, <br />including attorney fees, in an action to recover the same brought against such suite or <br />garage owner, or by foreclosure of the lien on such suite or garage granted by Section 76- <br />817 of the Condominium Act. In any action brought by the Board of Administrators to <br />foreclose a lien on a suite or garage because of unpaid assessments, the suite or garage <br />owner shall be required to pay a reasonable rental for the use of his/her suite or garage, <br />and the plaintiff in such foreclosure action shall be entitled to the appointment of a <br />