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2018-03-06 P & Z Packet
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2018-03-06 P & Z Packet
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There shall be no limitation on the right of the Board to subsequently increase the <br /> amount of the annual assessment. <br /> a. Until a Common Expense assessment is levied, Declarant shall pay <br /> all accrued expenses of the Association. <br /> b. After a Common Expense assessment is levied, the assessment <br /> may be increased by the Board annually. <br /> 6.3 Special Assessments. In addition to annual assessments, the Board may levy in <br /> any assessment year a special assessment against all Units for the purpose of <br /> defraying in whole or in part (i) the cost of any unforeseen or unbudgeted <br /> Common Expense, (ii) general or specific reserves for maintenance, repair or <br /> replacement, and (iii) the maintenance, repair or replacement of any part of the <br /> Property, and any fixtures or other property related thereto. <br /> 6.4 Liability of Owners for Assessments. The obligation of an Owner to pay <br /> assessments shall commence at the later of (i) the time at which the Owner <br /> acquires title to the Unit, or (ii) the due date of the first Assessment levied by the <br /> Board; provided, that neither Declarant nor a Homebuilder, nor any Unit owned <br /> by such party, shall be liable for any Assessment, nor subject to any Assessment <br /> lien, for any period, as long as there is no one residing in the Dwelling located on <br /> the Unit. Subject to the foregoing exemption, the Owner at the time an <br /> assessment is payable with respect to the Unit shall be personally liable for the <br /> share of the Common Expenses assessed against such Unit. Such liability shall be <br /> joint and several where there are multiple Owners of the Unit. The liability is <br /> absolute and unconditional. No Owner is exempt from liability for payment of his <br /> or her share of Common Expenses by right of set-off, by waiver of use or <br /> enjoyment of any part of the Property, by absence from or abandonment of the <br /> Unit, by the waiver of any other rights, or by reason of any claim against the <br /> Association or its officers, directors or agents, or for their failure to fulfill any <br /> duties under the Governing Documents. The Association may invoke the charges, <br /> sanctions and remedies set forth in Section 13, in addition to any remedies <br /> provided elsewhere in the Governing Documents or by law, for the purpose of <br /> enforcing its rights hereunder. <br /> 6.5 Assessment Lien. The Association has a lien on a Unit for any assessment levied <br /> against that Unit from the time the assessment becomes due. If an assessment is <br /> payable in installments, the full amount of the assessment is a lien from the time <br /> the first installment thereof becomes due. Fees, charges, late charges, fines and <br /> interest charges imposed by the Association are also liens, and are enforceable as <br /> assessments, under this Section. Recording of the Declaration constitutes record <br /> 13 <br /> 022818 <br />
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