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200606199
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Last modified
7/12/2006 4:21:18 PM
Creation date
7/12/2006 4:21:17 PM
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DEEDS
Inst Number
200606199
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<br />" <br /> <br />200606199 <br /> <br />d) Except as provided in preceding subparagraph a), each Lot Owner shall be <br />responsible for all repairs, maintenance, upkeep and improvements to such Owner's Lot and <br />all improvements thereon including maintenance, repair and replacement of any portion of <br />Outlot A which serves as a driveway for such Owner's Lot. <br /> <br />3. Basis and Maximum of Annual Assessments. The fiscal year for annual assessments <br />and the amount of assessments shall be determined by the Association. Written notice of the annual <br />assessment shall be sent to all Owners. The due dates shall be established by the Board of Directors <br />and, unless otherwise provided, the Association shall collect each month from the Owner of each <br />Lot, one twelfth (1/12) ofthe annual assessment for such Lot. Monthly assessments are due on the <br />fifth day of each month and delinquent on the twentieth day of each month. A late fee of$l 0.00 per <br />month shall be charged. The Association shall upon demand at any time furnish a certificate in <br />writing setting forth whether the assessments on a specified Lot have been paid. <br /> <br />4. Special Assessments for Private Drive Improvements. In addition to the annual <br />assessments authorized above, the Association may levy at any time a special assessment for the <br />purpose of defraying, in whole or in part, the cost of any construction or re-construction, unexpected <br />repair or replacement ofthe private drive, Via Milano, located on Outlot B and such other items as <br />are maintained by the Association, provided that any such special assessment shall have the consent <br />of two thirds (2/3) ofthe votes of the Owners who are voting in person or by proxy at a meeting duly <br />called for this purpose, written notice of which shall be sent to all members not less than thirty (30) <br />days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the <br />meeting. <br /> <br />5. Uniform Rate of Assessment. Both annual and special assessment must be fixed at a <br />uniform rate for all Lots. <br /> <br />6. Unimproved Lots. Notwithstanding any provisions to the contrary herein, unimproved <br />lots shall be responsible for paying for their own maintenance and services for such Lot or Lots and <br />shall NOT be subject to Assessments of any nature by the Association. <br /> <br />7. Quorum for any Action. A quorum shall constitute a majority of Lot Owners in the <br />Subdivision. If the required quorum is not forthcoming at any meeting, another meeting may be <br />called, subject to the notice requirement set forth herein. Attendance by written proxy is acceptable <br />pursuant to such rules as may be established by the Board. <br /> <br />8. Effect of Non-Pavment of Assessments. Remedies ofllie Association. Any assessments <br />which are not paid when due shall be delinquent. Ifthe assessment is to paid within thirty (30) days <br />such unpaid assessments shall bear interest from date of delinquency at the rate of 12% per annum, <br />and the Association may bring an action at law against the Owner personally obligated to pay the <br />same, or foreclose the lien against the property, and interests, costs and reasonable attorney's fees of <br />any such action shall be added to the amount of such assessment. Each such Owner, by his <br />acceptance of a deed to a Lot, hereby expressly vests in the Association, or its agents, the right and <br />power to bring all actions against such owner personally for the collection of such charges as a debt <br />and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including <br />foreclosure by an action brought in the name of the association in a like manner as a mortgage on <br /> <br />8 <br />
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