Common use of Creation of the Lien and Personal Obligation of Assessments Clause in Contracts

Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned by it, hereby covenants, and each Owner of a Lot, by becoming the Owner thereof, whether or not it is expressed in the deed or other instrument by which the Owner acquired ownership of the Lot, is deemed to covenant and agree to pay to the Association annual assessments, special assessments, individual lot assessments and any applicable neighborhood assessments. The annual, special, individual lot and neighborhood assessments, together, with interest, costs, and reasonable attorneys’ fees, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made. Each such Assessment, together with interest, costs, and reasonable attorneys’ fees, shall also be the personal obligation of the Owner of such Lot at the time when the Assessment became due. Except as otherwise expressly provided herein or by applicable law, an Owner is jointly and severally liable with the previous Owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the present Owner may have to recover any amounts paid by the present owner from the previous owner. Notwithstanding anything to the contrary contained in this Section, the liability of a First Mortgagee, or its successor or assignee as a subsequent holder of the first mortgage who acquires title to a parcel by foreclosure or by deed in lieu of foreclosure, for the unpaid assessments that became due before the mortgagee’s acquisition of title, shall be limited as and to the extent provided by Section 720.3085, Florida Statutes, as amended from time to time. In the case of co-ownership of a Residential Unit, all of such co-owners shall be jointly and severally liable for the entire amount of the Assessments. The Association shall, upon demand, at any time, furnish to any Owner liable for an assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. The Association may charge a reasonable fee for such certificate. Such certificate shall be prima facie evidence of payment of any assessment therein stated to have been paid.

Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned by itCondominium within the Project, hereby covenants, and each Owner of a Lotany Condominium, by becoming the Owner thereofacceptance of a deed for that Condominium, whether or not it is shall be so expressed in the deed or other instrument by which the Owner acquired ownership of the Lotsuch deed, is deemed to covenant covenants and agree agrees: (a) to pay to the Association annual assessmentsall Regular Assessments, special assessmentsSpecial Assessments and Reimbursement Assessments, individual lot assessments with such Assessments to be established and collected as subsequently provided in this Declaration, and (b) to allow the Association to enforce any applicable neighborhood assessmentsassessment lien established under this Declaration by nonjudicial proceedings under a power of sale or by any other means authorized by law. The annualRegular Assessments, specialSpecial Assessments and Reimbursement Assessments, individual lot and neighborhood assessments, together, together with interest, costslate charges, collection costs and reasonable attorneys’ fees, shall be a charge on the land Condominium and shall be a continuing lien upon the Lot Condominium against which each such Assessment is made, the lien to become effective upon recordation of a notice of delinquent Assessment. Each such Assessment, together with interest, late charges, collection costs, and reasonable attorneys’ fees, shall also be the personal obligation of the person who was the Owner of such Lot Condominium at the time when the Assessment became fell due. Except as otherwise The personal obligation for delinquent Assessments shall not pass to his successors in title unless expressly provided herein assumed by them. No Owner shall be exempt from liability for payment of Assessments by waiver of the use or enjoyment of any of the Common Area, by applicable lawthe abandonment of the Owner’s Condominium, an or for any other reason. The interest of any Owner is jointly and severally liable with in the previous Owner for all unpaid assessments that came due up amounts paid pursuant to any Assessment upon the transfer of ownership shall pass to the time new Owner. Upon the termination of transfer of title. This liability is without prejudice to these covenants for any right the present Owner may have to recover reason, any amounts paid by the present owner remaining from the previous owner. Notwithstanding anything collection of such Assessments after paying all amounts properly charged against such Assessments shall be distributed to the contrary contained then Owners in this Section, the liability of a First Mortgagee, or its successor or assignee as a subsequent holder of Project on the first mortgage who acquires title to a parcel by foreclosure or by deed in lieu of foreclosure, for same pro rata basis on which the unpaid assessments that became due before the mortgagee’s acquisition of title, shall be limited as and to the extent provided by Section 720.3085, Florida Statutes, as amended from time to time. In the case of co-ownership of a Residential Unit, all of such co-owners shall be jointly and severally liable for the entire amount of the Assessments. The Association shall, upon demand, at any time, furnish to any Owner liable for an assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. The Association may charge a reasonable fee for such certificate. Such certificate shall be prima facie evidence of payment of any assessment therein stated to have been paidAssessments were collected.

Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned by itCondominium within the Project, hereby covenants, and each Owner of any Condominium by acceptance of a Lot, by becoming the Owner thereofdeed for that Condominium, whether or not it is shall be so expressed in the deed or other instrument by which the Owner acquired ownership of the Lotsuch deed, is deemed to covenant covenants and agree agrees: (1) to pay Regular Assessments, Cost Center Assessments, Special Assessments and Reimbursement Charges to the Association annual assessmentsas established in this Declaration, special assessments, individual lot assessments and and (2) to allow the Association to enforce any applicable neighborhood assessmentsAssessment Lien established under this Declaration by nonjudicial proceedings under a power of sale or by any other means authorized by law. The annualRegular Assessments, specialCost Center Assessments, individual lot Special Assessments, and neighborhood assessmentsthose Reimbursement Charges that legally can be an Assessment Lien pursuant to section 4.11 hereof, together, together with interest, costslate charges, collection costs and reasonable attorneys’ ' fees, shall be a charge on the land Condominium and shall be a continuing lien Assessment Lien upon the Lot Condominium against which each such Assessment is made, the lien to become effective upon recordation of a Notice of Delinquent Assessment. Each such Assessment, together with interest, late charges, collection costs, and reasonable attorneys’ ' fees, shall also be the personal obligation of the person who was the Owner of such Lot Condominium at the time when the Assessment became fell due. Except as otherwise The personal obligation for delinquent Assessments shall not pass to his successors in title unless expressly provided herein assumed by them. No Owner shall be exempt from liability for payment of Assessments by waiver of the use or enjoyment of any of the Common Areas or by applicable law, an the abandonment of the Owner's Condominium. The interest of any Owner is jointly and severally liable with in the previous Owner for all unpaid assessments that came due up amounts paid pursuant to any Assessment upon the transfer of ownership shall pass to the time new Owner. Upon the termination of transfer of title. This liability is without prejudice to these covenants for any right the present Owner may have to recover reason, any amounts paid by the present owner remaining from the previous owner. Notwithstanding anything collection of such Assessments after paying all amounts properly charged against such Assessments shall be distributed to the contrary contained in this Section, then Owners on the liability of a First Mortgagee, or its successor or assignee as a subsequent holder of same pro rata basis on which the first mortgage who acquires title to a parcel by foreclosure or by deed in lieu of foreclosure, for the unpaid assessments that became due before the mortgagee’s acquisition of title, shall be limited as and to the extent provided by Section 720.3085, Florida Statutes, as amended from time to time. In the case of co-ownership of a Residential Unit, all of such co-owners shall be jointly and severally liable for the entire amount of the Assessments. The Association shall, upon demand, at any time, furnish to any Owner liable for an assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. The Association may charge a reasonable fee for such certificate. Such certificate shall be prima facie evidence of payment of any assessment therein stated to have been paidAssessments were collected.

Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot lot owned by itwithin the Property, hereby covenants, and each Owner of any Lot by acceptance of a Lot, by becoming the Owner thereofdeed therefore, whether or not it is shall be so expressed in the deed or other instrument by which the Owner acquired ownership of the Lotsuch deed, is deemed to covenant and agree to pay to the Association Association: (1) annual assessmentsassessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, individual lot assessments and any applicable neighborhood assessments. The annualtogether with interests, special, individual lot and neighborhood assessments, together, with interest, costs, costs and reasonable attorneys’ attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the Lot property against which each such Assessment assessment is made. Such lien shall be at all times subordinate to the lien of any Mortgagee or Lender of any sums secured by a properly recorded Mortgage or Deed to secure debt, to the end and intent that the lien of any such Mortgage, or lien instrument shall be paramount to the lien for charges herein and provided further, that such subordination shall apply only to the charges that shall become payable prior to the passing of title under foreclosure of Mortgage or Lien Instrument or by Deed in lieu of foreclosure, and nothing herein contained shall be held to affect the rights herein given to enforce the collection of such charges accruing after sale under foreclosure of such Mortgage or acquisition of title by Deed in lieu of foreclosure. Notice of any charge due and payable shall be given by filing notice of pendency of action in the Lis Pendens Book in the Office of the Clerk of Court for Greenville County. As to subsequent bona fide purchasers for value the lien herein reserved for charges due and payable shall be effective only from the time of the filing of said Xxx Xxxxxxx; provided, however, that nothing herein contained shall affect the right of the Association to enforce the collection of any charges that shall become payable after the acquisition of title by such subsequent bona fide purchaser for value. The lien herein created shall be subordinated to the lien of laborers, contractors, or materialmen furnishing labor or services in connection with the construction or alteration of any improvement located on any lot, except that nothing herein contained shall be held to affect the rights herein given to enforce the collection of such charges accruing after foreclosure of any such lien. Each such Assessmentassessment, together with interest, costs, and reasonable attorneys’ attorney’s fees, shall also be the personal obligation of the person who was the Owner of such Lot property at the time when the Assessment became assessment fell due. Except as otherwise expressly provided herein or by applicable law, an Owner is jointly and severally liable with the previous Owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the present Owner may have to recover any amounts paid by the present owner from the previous owner. Notwithstanding anything to the contrary contained in this Section, the liability of a First Mortgagee, or its successor or assignee as a subsequent holder of the first mortgage who acquires title to a parcel by foreclosure or by deed in lieu of foreclosure, for the unpaid assessments that became due before the mortgagee’s acquisition of title, shall be limited as and to the extent provided by Section 720.3085, Florida Statutes, as amended from time to time. In the case of co-ownership of a Residential Unit, all of such co-owners shall be jointly and severally liable for the entire amount of the Assessments. The Association shall, upon demand, at any time, furnish to any Owner liable for an assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. The Association may charge a reasonable fee for such certificate. Such certificate shall be prima facie evidence of payment of any assessment therein stated to have been paid.

Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned by it, hereby covenants, Each and each every Owner of any Lot or Lots within the Property, by acceptance of a deed to a Lot, by becoming the Owner thereof, whether or not it is shall be so expressed in the any such deed or other instrument by which the Owner acquired ownership of the Lotconveyance, is deemed to covenant and agree shall be personally obligated to pay to the Association annual assessmentsthe regular assessments or charges, special assessments, individual lot assessments and any applicable neighborhood assessments. The annual, special, individual lot and neighborhood assessments, together, with interest, costscharges, and reasonable the Association’s costs of collection, including, without limitation, any collection fees, attorneys’ fees, late fees, administrative fees and charges, and court costs incurred in collecting the assessments, or in enforcing or attempting to enforce the Declaration, By-Laws, Architectural Guidelines and Regulations (collectively, “Costs of Collection”) Regular annual assessments and special assessments are to be fixed, established and collected from time to time as hereinafter provided. The regular annual assessment and special assessments together with such interest thereon and Costs of Collection therefore, shall be a charge and continuing lien on the land Lot and shall be a continuing lien upon the Lot Patio Home thereon against which each such Assessment assessment is made. Each such Assessmentassessment, together with interestassessed interest thereon and all Costs of Collection, costs, and reasonable attorneys’ feesas hereinafter provided, shall also be the personal obligation of the Owner of such Lot at the time when the Assessment became due. Except as otherwise expressly provided herein or by applicable law, an Owner is jointly assessment first becomes due and severally liable with the previous Owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the present Owner may have to recover any amounts paid by the present owner from the previous owner. Notwithstanding anything to the contrary contained in this Section, the liability of a First Mortgagee, or its successor or assignee as a subsequent holder of the first mortgage who acquires title to a parcel by foreclosure or by deed in lieu of foreclosure, for the unpaid assessments that became due before the mortgagee’s acquisition of title, shall be limited as and to the extent provided by Section 720.3085, Florida Statutes, as amended from time to timepayable. In the case of co-ownership of a Residential UnitLot, all of such co-owners shall be jointly and severally liable for the entire amount of the Assessmentsassessment. The Association shall, upon demand, at any time, furnish to any No Owner liable may waive or otherwise escape liability for an assessment a certificate in writing signed the assessments provided for herein by an officer non-use of the Association, setting forth whether said assessment has been paid. The Association may charge a reasonable fee for such certificate. Such certificate shall be prima facie evidence Common Properties or abandonment of payment of any assessment therein stated to have been paidhis Lot and Patio Home.

Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned by it, hereby covenants, and each Owner of a Lot, by becoming the Owner thereof, whether or not it is expressed in the deed or other instrument by which the Owner acquired ownership of the Lot, is deemed to covenant and agree to pay to the Association annual assessments, special assessments, individual lot assessments and any applicable neighborhood assessments. The annual, special, individual lot and neighborhood assessments, together, with interest, costs, and reasonable attorneys’ fees, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made. Each such Assessment, together with interest, costs, and reasonable attorneys’ fees, shall also be the personal obligation of the Owner of such Lot at the time when the Assessment became due. Except as otherwise expressly provided herein or by applicable law, an Owner is jointly and severally liable with the previous Owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the present Owner may have to recover any amounts paid by the present owner from the previous owner. Notwithstanding anything to the contrary contained in this Section, the liability of a First Mortgagee, or its successor or assignee as a subsequent holder of the first mortgage who acquires title to a parcel by foreclosure or by deed in lieu of foreclosure, for the unpaid assessments that became due before the mortgagee’s acquisition of title, shall be limited as and to the extent provided by Section 720.3085, Florida Statutes, as amended from time to time. In the case of co-ownership of a Residential Unit, all of such co-owners shall be jointly and severally liable for the entire amount of the Assessments. The Association shall, upon demand, at any time, furnish to any Owner liable for an assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. The Association may charge a reasonable fee for such certificate. Such certificate shall be prima facie evidence of payment of any assessment therein stated to have been paid.paid.‌