Common use of Creation of Assessments Clause in Contracts

Creation of Assessments. There are hereby created assessments for Association expenses as may from time to time specifically be authorized by the Board of Directors, to be commenced at the time and in the manner set forth in Section 10.9. There shall be four (4) types of assessments: (a) Base Assessments to fund Common Expenses for the general benefit of all Lots; (b) Neighborhood Assessments for Neighborhood Expenses benefiting only Lots within a particular Neighborhood or Neighborhoods; (c) Special Assessments as described in Section 10.6; and (d) Benefited Assessments as described in Section 10.7. Each Owner, by acceptance of a deed or recorded contract of sale for any portion of the Properties, is deemed to covenant and agree to pay these assessments. All assessments, together with interest at a rate to be set by the Board (not to exceed the highest rate allowed by South Carolina law) as computed from the date the delinquency first occurs, late charges, costs, and reasonable attorneys fees, shall be a charge on the land and shall be a continuing lien upon each Lot against which the assessment is made until paid, as more particularly provided in Section 10.8. Each such assessment, together with interest, late charges, costs, and reasonable attorneys fees, also shall be the personal obligation of the Person who was the Owner of such Lot at the time the assessment arose. In the event of a transfer of title to a Lot, the grantee shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance. However, no first Mortgagee who obtains title to a Lot pursuant to the remedies provided in the Mortgage shall be liable for unpaid assessments which accrued prior to such acquisition of title. The Association shall, upon demand at any time, furnish to any Owner liable for any type of assessment a certificate in writing signed by a officer of the Association setting forth whether such assessment has been paid as to any particular Lot. Such certificate shall be conclusive evidence of payment of the Association of such assessment therein stated to have been paid. The Association may require the advance payment of a reasonable processing fee for the issuance of such certificate. Assessments shall be paid in such manner and on such dates as may be fixed by the Board of Directors. If the Board so elects, assessments may be paid in installments. Unless the Board otherwise provides, the Base Assessment and any Neighborhood Assessment shall be due and payable in advance on the first day of each fiscal year. If any Owner is delinquent in paying any assessments or other charges levied on his or her Lot, the Board may require any unpaid installments of all outstanding assessments to be paid in full immediately. An Owner may waive or otherwise exempt himself or herself from liability for the assessments, including, by way of illustration and not limitation, by non-use of Common Area or abandonment of the Lot. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessment or set off shall be claimed or allowed by reason of any alleged failure of the Association or Board to take some action or perform some function required to be taken or performed by the Association or Board under this Declaration or the By-Laws, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association, or from any action taken to comply with any law, ordinance, or with any order or directive of any municipal or other governmental authority.

Creation of Assessments. There are hereby created assessments for Association expenses Common Expenses as may from time to time specifically be authorized by the Board of Directors, Directors to be commenced at the time and in the manner set forth in Section 10.96 of this Article. There shall be four three (43) types of assessments: (a) Base Assessments to fund Common Expenses expenses for the general benefit of all LotsMembers of the Association; (b) Neighborhood Assessments for Neighborhood Expenses expenses benefiting only Lots Units within a particular Neighborhood or several Neighborhoods; and (c) Special Assessments as described in Section 10.6; and (d3 below. Base Assessments shall be levied equally on all Units. Neighborhood Assessments shall be levied equally on all Units within the Neighborhood(s) Benefited for whose benefit Common Expenses are incurred which benefit less than the Association as a whole. Special Assessments shall be levied as described provided in Section 10.73 below. Each Owner, by acceptance of a his or her deed or recorded contract of sale for any portion of the Propertiessale, is deemed to covenant and agree to pay these assessments. Any Neighborhood Assessment shall be levied equally against all Units in the Neighborhood(s) benefiting from the services supported thereby, provided that in the event of assessments for exterior maintenance of structures, or insurance on structures or replacement reserves which pertain to particular structures (pursuant to an amendment to this Declaration), such assessments for the use and benefit of particular Units shall be levied on a pro rata basis among the benefited Units. All assessments, together with interest at a rate to be set by the Board (not to exceed the highest rate allowed by South Carolina law) Florida law as computed from the date the delinquency first occurs, administrative late chargesfee as permitted by Florida Statute 720, costs, and reasonable attorneys attorney’s fees, shall be a charge on the land and shall be a continuing lien upon each Lot the Unit against which the each assessment is made until paid, as more particularly provided in Section 10.8made. Each such assessment, together with interest, administrative late chargesfees as permitted under Florida Statute 617, costs, costs and reasonable attorneys attorney’s fees, shall also shall be the personal obligation of the Person who was the Owner of such Lot Unit at the time the assessment arose. In the event of a transfer of title to a Lot, the and his or her grantee shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance. However, except no first Mortgagee who obtains title to a Lot Unit pursuant to the remedies provided in the Mortgage shall be liable for unpaid assessments which accrued prior to such acquisition of title, except as provided by Florida Statute 720. The Association shall, upon demand at any time, furnish to any Owner liable for any type of assessment a certificate in writing signed by a an officer of the Association setting forth whether such assessment has been paid as to any particular LotUnit. Such certificate shall be conclusive evidence of payment of to the Association of such assessment therein stated to have been paid. The Association may require the advance payment of a reasonable processing fee fee, as established from time to time by the Board of Directors, for the issuance of such certificate. Assessments shall be paid in such manner and on such dates as may be fixed by the Board of Directors. If Directors which may include, without limitation, acceleration of the Board so elects, assessments may be paid in installmentsannual Base Assessments for delinquents. Unless the Board otherwise provides, the Base Assessment and any Neighborhood Assessment Assessments shall be due and payable in advance on the first day of each fiscal year. If any Owner is delinquent in paying any assessments or other charges levied on his or her Lot, the Board may require any unpaid installments of all outstanding assessments to be paid in full immediatelyquarterly installments due January 1, April 1, July 1 and October 1 of each calendar year. An Assessments shall be delinquent, if not paid within fifteen (15) days from the date due. No Owner may waive or otherwise exempt himself or herself from liability for the assessmentsassessments provided for herein, including, by way of illustration and not limitation, by non-use of Common Area or Areas of abandonment of the LotUnit. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessment assessments or set set-off shall be claimed or allowed by reason of any alleged failure of the Association or Board to take some action or perform some function required to be taken or performed by the Association or Board under this Declaration or the By-LawsBylaws, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association, or from any action taken to comply with any law, ordinance, or with any order or directive of any municipal or other governmental authority. The Association is specifically authorized to enter into subsidy contracts or contract for “in kind” contribution of services or materials or a combination of services and materials with other entities for the payment of some portion of the common expenses.

Creation of Assessments. There are hereby created assessments for Association expenses as may from time to time specifically be authorized by the Board of Directors, to be commenced at the time and in the manner set forth in Section 10.9. There shall be four (4) types of assessments: (a) Base Assessments to fund Common Expenses for the general benefit of all Lots; (b) Neighborhood Assessments for Neighborhood Expenses benefiting only Lots within a particular Neighborhood or Neighborhoods; (c) Special Assessments as described in Section 10.6; and (d) Benefited Assessments as described in Section 10.7. Each Owner, by acceptance of a deed or recorded contract of sale for any portion of the Properties, is deemed to covenant and agree to pay these assessments. All assessments, together with interest at a rate to be set by the Board (not to exceed the highest rate allowed by South Carolina and North Carolina law) as computed from the date the delinquency first occurs, late charges, costs, and reasonable attorneys fees, shall be a charge on the land and shall be a continuing lien upon each Lot against which the assessment is made until paid, as more particularly provided in Section 10.8. Each such assessment, together with interest, late charges, costs, and reasonable attorneys fees, also shall be the personal obligation of the Person who was the Owner of such Lot at the time the assessment arose. In the event of a transfer of title to a Lot, the grantee shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance. However, no first Mortgagee who obtains title to a Lot pursuant to the remedies provided in the Mortgage shall be liable for unpaid assessments which that accrued prior to such acquisition of title. The Association shall, upon demand at any time, furnish to any Owner liable for any type of assessment a certificate in writing signed by a an officer of the Association setting forth whether such assessment has been paid as to any particular Lot. Such certificate shall be conclusive evidence of payment of the Association of such assessment therein stated to have been paid. The Association may require the advance payment of a reasonable processing fee for the issuance of such certificate. Assessments shall be paid in such manner and on such dates as may be fixed by the Board of Directors. If the Board so elects, assessments may be paid in installments. Unless the Board otherwise provides, the Base Assessment and any any, Neighborhood Assessment shall be due and payable in advance on the first day of each fiscal year. If any Owner is delinquent in paying any assessments or other charges levied on his or her Lot, the Board may require any unpaid installments of all outstanding assessments to be paid in full immediately. An No Owner may waive or otherwise exempt himself or herself from liability for the assessments, including, by way of illustration and not limitation, by non-use of Common Area or abandonment of the Lot. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessment or set set-off shall be claimed or allowed by reason of any alleged failure of the Association or Board to take some action or perform some function required to be taken or performed by the Association or Board under this Declaration or the By-Laws, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association, or from any action taken to comply with any law, ordinance, or with any order or directive of any municipal or other governmental authority.

Creation of Assessments. The Association is hereby authorized to levy assessments against each Unit for Association expenses as the Board may specifically authorize from time to time. There are hereby created shall be five types of assessments for Association expenses as may from time to time specifically be authorized by the Board of Directors, to be commenced at the time and in the manner set forth in Section 10.9. There shall be four (4) types of assessments: other obligations: (a) Base Assessments to fund Common Expenses for the general benefit of all LotsUnits; (b) Neighborhood Assessments for Neighborhood Expenses benefiting only Lots Units within a particular Neighborhood or Neighborhoods; (c) Special Assessments as described in Section 10.66 below; and (d) Benefited Specific Assessments as described in Section 10.77 below; and (e) Golf Course Assessments, as described in Section 12 below. Each Owner, by acceptance of a deed or recorded contract of sale for any portion of the Properties, Owner is deemed to covenant and agree to pay these assessments. All assessments, together with interest from the due date of such assessment at a rate to be set determined by the Board (not to exceed the highest rate allowed by South Carolina Florida law) as computed from the date the delinquency first occurs), late charges, costs, costs and reasonable attorneys attorneys’ fees, shall be a charge on the land and shall be a continuing lien upon each Lot Unit against which the assessment is made until paid, as more particularly provided in Section 10.89 below. Each such assessment, together with interest, late charges, costs, and reasonable attorneys attorneys’ fees, also shall be the personal obligation of the Person who was the Owner of such Lot Unit at the time the assessment arose. In the event of Upon a transfer of title to a LotUnit, the grantee Owner shall be jointly and severally liable with the previous Unit owner, for such portion thereof as may be any assessments and other charges due and payable at the time of conveyance. However, no first Mortgagee who obtains title to a Lot pursuant to the remedies provided in the Mortgage Assessments shall be liable for paid in such manner and on such dates as the Board may establish. Unless the Board otherwise provides, the Base Assessment and any annual Neighborhood Assessment shall be due on the first day of each fiscal year. If the Board so elects, assessments may be paid in two or more installments. If any Owner is delinquent in paying any assessments or other charges levied on his or her Unit, the Board may require any unpaid installments of all outstanding assessments which accrued prior to such acquisition of titlebe paid in full immediately. The Association shall, upon demand at any timerequest, furnish to any Owner liable for any type of assessment assessment, a certificate in writing writing, signed by a an officer of the Association Association, setting forth whether such assessment has been paid as to any particular Lotpaid. Such certificate shall be conclusive evidence of payment of the Association of such assessment therein stated to have been paidpayment. The Association may require the advance payment of a reasonable processing fee for the issuance of such certificate. Assessments shall be paid in such manner and on such dates as No Owner may be fixed by the Board of Directors. If the Board so elects, assessments may be paid in installments. Unless the Board otherwise provides, the Base Assessment and any Neighborhood Assessment shall be due and payable in advance on the first day of each fiscal year. If any Owner is delinquent in paying any assessments or other charges levied on his or her Lot, the Board may require any unpaid installments of all outstanding assessments to be paid in full immediately. An Owner may waive or otherwise exempt himself or herself from liability for the assessments, including, by way of illustration and not limitation, by non-use of Common Area or Area, abandonment of the Lothis or her Unit, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessment assessments or set set-off shall be claimed or allowed by reason of for any alleged failure of the Association or Board to take some action or perform some function required to be taken or performed by the Association or Board under this Declaration or the By-Lawsof it, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Associationimprovements, or from any other action taken to comply with any law, ordinance, or with any order or directive of any municipal or other governmental authorityit takes.