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<br />.' <br /> <br />200609368 <br /> <br />ARTICLE V <br />ASSESSMENTS <br /> <br />(a) Personal Obligation of Assessments and Special Assessment. Declarant, for each Unit <br />owned within the Property, shall be deemed to covenant and agree, and each Unit Owner by <br />acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other <br />conveyance shall be deemed to covenant and agree to pay to the Association all Assessments and <br />fines, together with such interest thereon and costs (including court costs) of collection thereof as <br />herein provided. Said Assessments, fines, interest and costs of collection, including reasonable <br />attorneys' fees, shall be the personal obligation of the Person who was the Unit Owner at the time <br />when the Assessments or fines became due. <br /> <br />(b) Purpose of Assessments. The Assessments levied by the Association through its Board of <br />Directors shall be used exclusively: (i) to promote the health, safety and welfare of the condominium; <br />(ii) to maintain, repair and upkeep the Common Elements and for any other maintenance obligations <br />or common services which may be deemed necessary by the Association for the common benefit of <br />the Unit Owners; (iii) to maintain property values; (iv) to pay expenses which may be incurred by <br />virtue of an agreement with, or requirement of, any city, county or other local government authority; <br />(v) to provide adequate insurance of various types and in such amounts deemed necessary by the <br />Board of Directors for the Common Elements; and (vi) to provide a reserve fund for replacements of <br />Common Elements or items thereon. <br /> <br />(c) Annual Common Expense Assessments. The total annual Common Expense Assessments <br />against all Units shall be based upon the Association's advance budget of the cash requirements <br />needed by it to provide for the administration and performance of its duties during such Common <br />Expenses Assessments year. <br /> <br />(d) Budget. The Board of Directors shall fix the amount of the annual Common Expense <br />Assessments against each Unit at least annually. Adjustments to the budget may be made by the <br />Board of Directors more frequently. <br /> <br />(e) Special Assessments. In addition to the Common Expense Assessments authorized above, <br />the Association may at any time, from time to time, determine, levy and assess Special Assessments <br />for the purpose of defraying in whole or in part, payments for any construction reconstruction, repair, <br />demolition, replacement or maintenance of the Common Elements or for Capital Improvements. <br />Any such Special Assessments made by the Board of Directors must be approved by all of the <br />Members. The amounts determined, levied and assessed pursuant hereto shall be assessed equally <br />against each Unit, in accordance with Article 4, Paragraph (c), Table of Allocations. <br /> <br />ARTICLE VI <br />ASSOCIATION'S LIEN <br /> <br />(a) Association Lien and Effect of Non-Payment of Assessments. The Assessments including all <br />charges, fees, fines, impositions, interest, costs, late charges, expenses and reasonable attorneys' fees <br />which may arise under the provisions of this Declaration, also including any installment thereof <br />(collectively U AssessmentsU), shall be burdens running with, and perpetual liens in favor of the <br />Association upon the specific Unit to which such Assessments apply. Recording of this Declaration <br />constitutes record notice and perfection of the Association's lien. Further recording of a claim of lien <br />for Assessments is not required. Any Assessments provided for in this Declaration which are not <br />fully paid within twenty (20) days after the due date thereof shall bear interest at the rate of fourteen <br />percent (14%) per annum from the due date or a date established by the Association, and the <br />Association may assess a late charge thereon which late charge shall also be subject to interest <br />charges. In the event of default in which any Unit Owner does not make payment of any <br />Assessments levied against the Unit Owner's Unit within thirty (30) days of the due date, the Board of <br />Directors may declare all unpaid Assessments for the pertinent fiscal year immediately due and <br />payable. <br /> <br />3 <br />