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<br />200709536 <br /> <br />Declaration, and for services provided unit owners; charges for late payment of assessments and after notice and <br />opportunity to be heard, assessments imposed upon unit owners for violation of the Declaration, By-Laws and <br />Rules ofthe Association; and reasonable charges for the preparation and recording of amendments to the <br />Declaration or 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 amount of the assessment <br />is a lien from the time the first installment of the assessment becomes due. <br /> <br />10.1 Priority of Liens. A lien under this Section is prior to all other liens and encumbrances on a unit <br />except liens and encumbrances recorded before the recordation of the Declaration, a first mortgage or deed of <br />trust on the unit recorded before the date on which the assessment sought to be enforced became delinquent, and <br />liens for real estate taxes and other governmental assessments or charges against the unit. <br /> <br />10.2 Recording Declaration Effect. Recording of the Declaration constitutes record notice and <br />perfection of the lien. Further recordation of any claim of any lien for assessment under this Section is not <br />required. <br /> <br />10.3 Lien Extinguished Unless Enforced. A lien for unpaid assessments is extinguished unless <br />proceedings to enforce the lien are instituted within three years after the full amount of the assessments <br />becomes due. <br /> <br />IDA Actions at Law; Deed in Lieu of Foreclosure. The Association may bring actions at law to recover <br />sums for which Section 10.0 creates a lien, and the Association may take a Deed in Lieu of Foreclosure. <br /> <br />10.5 Attorney's Fees and Cost. A judgment or decree in any action brought under this Section shall <br />include costs and reasonable attorney's fees for the prevailing party. <br /> <br />10.6 Statement of Unpaid Assessments. The Association, on written request, shall furnish to a lien <br />holder, unit owner or person designated by a unit owner a reasonable statement setting forth the amount of <br />unpaid assessments against his unit. The statement shall be furnished within 20 business days after receipt of <br />the request and is binding on the Association, the Executive Board and every unit owner. <br /> <br />ARTICLE XI. <br /> <br />OTHER LIENS AFFECTING THE CONDOMINIUM <br /> <br />11.0 Effect of Recorded Judgment. Except as provided in Section 11.1, a legally recorded judgment for <br />money against the Association is not a lien on the common elements but is a lien in favor of the judgment lien <br />holder against all ofthe units in the condominium at the time the judgment was entered. Other property of a <br />unit owner is not subject to the claims of a creditor of the Association. <br /> <br />11.1 Security Interest in Common Elements. If the Association has granted a mortgage, deed of trust or <br />security interest in the common elements to a creditor of the Association, pursuant to Article XIII., the holder of <br />that security interest must exercise its right against the common elements before its judgment lien on any unit <br />may be enforced. <br /> <br />11.2 Lien Against Two or More Units. Whether perfected before or after the creation of the <br />condominium, if a lien other than a deed of trust or mortgage becomes effective against two or more units, the <br />unit owner of an affected unit may pay to the lien holder the amount of the lien attributable to his unit and the <br />lien holder, on receipt of payment, shall promptly deliver a release of the lien covering that unit. The amount of <br />the payment shall be proportioned to the ratio which that unit owner's common expense liability bears to the <br />common expense liabilities of all unit owners whose units are subject to the lien. After payment, the <br />- 11 - <br />