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200506707
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200506707
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Last modified
10/17/2011 9:35:04 AM
Creation date
10/28/2005 11:28:17 AM
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DEEDS
Inst Number
200506707
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200506707 <br />same manner as a mortgage on real estate. Fees or charges for the use, rental or operation <br />a of the common elements other than limited common elements described in Section 2.3.5 <br />of this Declaration, and for services provided unit owners; charges for late payment of <br />assessments and after notice and opportunity to be heard, assessments imposed upon unit <br />owners for violation of the Declaration, By -Laws and Rules of the Association; and <br />reasonable charges for the preparation and recording of amendments to the Declaration or <br />statements of unpaid assessments levied or imposed by the Association are enforceable as <br />assessments under this Section. If the assessment is payable in installments, the full <br />amount of the assessment is a lien from the time the first installment of the assessment <br />becomes due. <br />10.1 Priority of Liens. A lien under this Section is prior to all other liens and <br />encumbrances on a unit except liens and encumbrances recorded before the recordation <br />of the Declaration, a first mortgage or deed of trust on the unit recorded before the date <br />on which the assessment sought to be enforced became delinquent, and liens for real <br />estate taxes and other governmental assessments or charges against the unit. <br />10.2 Recording Declaration Effect. Recording of the Declaration constitutes <br />record notice and perfection of the lien. Further recordation of any claim of any lien for <br />assessment under this Section is not required. <br />10.3 Lien Extinguished Unless Enforced. A lien for unpaid assessments is <br />extinguished unless proceedings to enforce the lien are instituted within three years after <br />the full amount of the assessments becomes due. <br />10.4 Actions at Law; Deed in Lieu of Foreclosure. The Association may bring <br />actions at law to recover sums for which Section 10.0 creates a lien, and the Association <br />may take a Deed in Lieu of Foreclosure. <br />10.5 Attorney's Fees and Cost. A judgment or decree in any action brought <br />under this Section shall include costs and reasonable attorney's fees for the prevailing <br />party. <br />1.0.6 Statement of Unpaid Assessments. The Association, oil written request, <br />shall furnish to a lien holder, unit owner or person designated by a unit owner a <br />reasonable statement setting forth the amount of unpaid assessments against his unit. The <br />statement shall be furnished within 20 business days after receipt of the request and is <br />binding on the Association, the Executive Board and every unit owner. <br />ARTICLE XI. <br />OTHER LIENS AFECTING THE CONDOMINIUM <br />11.0 Effect of Recorded Jud ng 1ei1t. Except as provided in Section 11. 1, a legally <br />recorded judgment for money against the Association is not a lien on the common <br />elements but is a lien in favor of the judgment lien holder against all of the units in the <br />-14- <br />
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