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pf_02891
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Last modified
7/17/2007 12:23:45 PM
Creation date
12/8/2004 1:29:16 PM
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Template:
Planning Files
Planning Files - Planning File #
2891
Planning Files - Type
Planned Unit Development
Address
2660 CIVIC CENTER DR
Applicant
MENDOTA HOMES
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<br />SECTION 8 <br />OPERATION OF THE PROPERTY <br /> <br />8.1 Assessment Procedures. The Board of Directors shall, at least thirty (30) days <br />prior to the first day of the Association's fiscal year, prepare a budget of Common Expenses <br />for the Association and assess and levy such Common Expenses against the Lots according <br />to their respective Common Expense liability as set forth in the Declaration. The annual <br />budget shall include a general operating reserve, and an adequate reserve fund for maintenance, <br />repair and replacement of those Common Areas and parts of the Lots that must be maintained, <br />repaired or replaced by the Association on a periodic basis. <br /> <br />a. The Board of Directors shall fix the amount of the annual assessment against <br />each Lot and advise the Owners in writing of the Assessment at least thirty (30) <br />days prior to the date when the first installment thereof is due. Increases in <br />assessments shall be subject to the limitations set forth in Section 6 of the <br />Declaration. The failure of the Board of Directors to timely levy an annual <br />assessment shall not relieve the Owners of their obligation to continue paying <br />assessment installments in the amount currently levied, as well as any increases <br />subsequently levied. <br /> <br />b. If an annual assessment proves to be insufficient, the budget and assessments <br />thereof or may be amended, or a special assessment levied, by the Board of <br />Directors at any time subject to the limitations set forth in Section 6 of the <br />Declaration. The levy shall be deemed to occur upon the date specified in the <br />resolution which fixes the assessment. <br /> <br />c. The Association shall furnish copies of each budget on which the Common <br />Expenses and the assessment are based to an Owner or to any Eligible <br />Mortgagee, upon request of such persons. <br /> <br />8.2 Payment of Assessments. Annual assessments shall be due and payable in <br />monthly installments in advance on the first day of each month of the year or other period <br />for which the assessments are made, and special assessments shall be due when designated by <br />the Board of Directors. All Owners shall be absolutely and unconditionally obligated to pay <br />the assessments levied pursuant to the Governing Documents. No Owner or Occupant shall <br />have any right of withholding, offset or deduction against the Association with respect to any <br />assessments, or related late charges or costs of collection. Any rights or claims alleged by <br />an Owner may be pursued only by separate action. <br /> <br />8.3 Default in Payment of Assessments. If any Owner does not make payment on <br />or before the date when any assessment or installment thereof is due, subject to such grace <br />periods as may be established, the Board of Directors may assess, and such Owner shall be <br />obligated to pay, a late charge as provided in the Declaration for each such unpaid assessment <br />or installment thereof, together with all expenses, including reasonable attorneys' fees, incurred <br />by the Board in collecting any such unpaid assessment. <br />
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