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<br />88-105085
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<br />ARTICLE IV.
<br />COVENANT FOR MAINTENANCE ASSESSMENTS
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<br />section 1. Creation of the Lien and Personal Obligation
<br />of Assessments. The Declarant for each lot owned within the
<br />properties hereby covenants, and each Owner of any lot by
<br />acce9tance of a deed therefore, whether or not it shall be so
<br />expressed in such deed, is deemed to covenant and agree to
<br />pay to the Association: (1) Regular annual maintenance
<br />assessments or charges for the purposes hereinafter set forth
<br />in Section 2 hereof, (2) Regular assessments for insurance on
<br />the 9roperties, and (3) Assessments for capital improvements,
<br />such assessments to be established and collected as hereinafter
<br />provided. Such regular and special assessments, together
<br />with interest, costs, and reasonable attorney's fe~s, shall be
<br />and constitute, from the date levied unti,l paid, a continuing
<br />charge against and lien upon such lot or property against
<br />which each such assessment is made, without any requirement
<br />of recording further notice of such lien. Each such assessment,
<br />together with interest, costs, and reasonable attorneys fees,
<br />shall also be the personal obligation of each person who was an
<br />Owner of such lot at the time when the assessment fell due. The
<br />personal obligation for delinquent assessments shall not pass
<br />to successor Owners unless expressly assumed by them.
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<br />Section 2. Purpose of Assessments. The assessments levied
<br />by the Association shall be used exclusively without any part of
<br />the net earnings inuring to the private benefit of its members,
<br />to promote and sustain their social welfare and otherwise pro-
<br />vide for their health, pleasure, recreation, safety and other
<br />non9rofitable interests by acquiring, maintaining, operating,
<br />contributing to the acquisition, maintenance, or operation of,
<br />or otherwise making available for use anyone or more area en-
<br />trances or entry structures, swimming pools, tennis courts, and
<br />any other recreational equipment, facilities, grounds or struc-
<br />tures, to provide weed and other actual or potential nuisance
<br />abatement or control, security service, domestic water supply,
<br />and other community services, to provide for exterior mainten-
<br />ance on the homes located on the properties, to provide architec-
<br />tural control and secure compliance with or enforcement of
<br />applicable covenants, easements, restrictions; and similar limit-
<br />ations, and to undertake such other activities appropriate,
<br />convenient, or necessary to promote or sustain any such interest.
<br />The exterior maintenance shall consist of exterior maintenance
<br />upon each lot which is subject to assessment for exterior main-
<br />tenance hereunder, including but not in limitation of the foregoing,
<br />the painting, repair, replacement, and care of roofs, gutters,
<br />downspouts, exterior building surfaces, trees, shrubs, grass,
<br />walks, driveways and private drives and private roans, and
<br />other improvements. Exterior maintenance shall not include
<br />painting, repair, replacement and care of glass surfaces,
<br />doors, garage doors, mechanical garage door openers, or any
<br />mechanical equipment such as air conditioning condensers and
<br />related appliances and equipment. In the event that the need
<br />for maintenance or repair is caused through the willful or negli-
<br />gent act of the Owner, his or her family, guests, or invitees, the
<br />cost of such maintenance or repairs shall be added to and be-
<br />come a part of the regular assessments to which such lot is
<br />subject. The Association is specifically authorized hereunder
<br />to contract with any professional management company, including
<br />any management com9any related to or affiliated with Declarant,
<br />to furnish ?rofessional management of the properties and to provide
<br />said exterior maintenance as set forth herein.
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