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202506836
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Last modified
12/3/2025 3:27:13 PM
Creation date
12/3/2025 3:25:27 PM
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DEEDS
Inst Number
202506836
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202506836 <br />9. All such dues and assessments shall further be subject to the following provisions: <br />(a) The Association at its annual meeting of Owners shall prepare, <br />approve and make available to each Owner a budget containing: (1) estimated <br />revenue and expenses on an accrual basis; (2) the amount of any cash reserves of <br />the Association currently available for services the Association provides and for <br />contingencies; (3) an itemized estimate of the remaining life of, and the methods <br />of funding to defray repair, replacement or additions to the improvements <br />provided, maintained or installed by the Association; and (4) a general statement <br />setting forth the procedures used by the Association in the calculation and <br />establishment of reserves to defray the costs of repair, replacements or additions <br />to the improvements provided, maintained or installed by the Association. <br />(b) In addition to any amounts due or any other relief or remedy <br />obtained against an Owner who is delinquent in the payment of any dues or <br />assessments, each Owner agrees to pay such additional costs, fees, charges and <br />expenditures ("Additional Charges") as the Association may incur or levy in the <br />process of collecting each Owner's monies due and delinquent. All Additional <br />Charges shall be included in any judgment in any action brought to enforce <br />collection of delinquent dues or assessments. Additional Charges shall include, <br />but not be limited to, the following: <br />(i) Reasonable attorney's fees and costs incurred in the event <br />an attorney is employed to collect any dues, assessment or sum due, <br />whether by suit or otherwise; <br />(ii) A late charge in an amount to be fixed by the Association <br />to compensate the Association for additional collection costs incurred in <br />the event any dues, assessment or other sum is not paid when due or <br />within any "grace" period. The late charge shall not exceed ten percent <br />(10%) of the delinquent assessment or twenty dollars ($20), whichever is <br />greater; <br />(iii) Costs of suit and court costs incurred as allowed by the <br />court; <br />(iv) Costs of filing notice of lien in the Office of the Register of <br />Deeds; <br />(v) Interest on all dues and assessments at the rate of fourteen <br />percent (14%) per annum, commencing thirty (30) days after the dues or <br />assessments become due; and <br />(vi) Any other costs that the Association may incur in the <br />process of collecting delinquent dues and assessments. <br />(c) The dues and assessments shall be the personal obligation of the <br />Owner who is the owner of the lot assessed at the time of the assessment and <br />when shown of record shall be a lien upon the Lot assessed. <br />(d) The Association may create a schedule of fines for violation of <br />Association rules and regulations which fines shall be treated and billed as a <br />special assessment to the offending Owner's Lot. <br />10. The lien of any dues or special assessment shall, until shown of record, be <br />subordinate to the lien of any mortgage, deed of trust or other encumbrance placed upon the Lot <br />against which the assessment is levied. <br />VII. <br />TERM AND AMENDMENT OF RESTRICTIONS AND COVENANTS <br />These restrictive covenants, restrictions and conditions are to run with the land and shall <br />be binding on all persons and all parties claiming ownership of any of the Lots, together with any <br />portion or subsequent resubdivision of the Lots. These restrictive covenants, restrictions and <br />conditions may be amended in a writing signed by the Declarant at any time during the Period of <br />Declarant Control, and thereafter in a writing signed by two-thirds (2/3) of the Owners of the <br />Lots at any time and recorded in the office of the Hall County Register of Deeds. <br />Page 7 of 8 <br />
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