Creation of the Lien and Personal Obligation of Assessments Sample Clauses
The 'Creation of the Lien and Personal Obligation of Assessments' clause establishes that property owners are both personally responsible for paying assessments and that these assessments become a lien on their property. In practice, this means that if a property owner fails to pay required fees or dues, the governing association can claim a legal right against the property itself, and the owner remains personally liable for the debt. This clause ensures that the association has a reliable mechanism to collect assessments, thereby securing necessary funds for community maintenance and operations.
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Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Condominium within the Project, hereby covenants, and each Owner of any Condominium, by acceptance of a deed for that Condominium, whether or not it shall be so expressed in such deed, covenants and agrees:
(a) to pay to the Association all Regular Assessments, Special Assessments and Reimbursement Assessments, with such Assessments to be established and collected as subsequently provided in this Declaration, and
(b) to allow the Association to enforce any assessment lien established under this Declaration by nonjudicial proceedings under a power of sale or by any other means authorized by law. The Regular Assessments, Special Assessments and Reimbursement Assessments, together with interest, late charges, collection costs and reasonable attorneys’ fees, shall be a charge on the Condominium and shall be a continuing lien upon the 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 Condominium at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to his successors in title unless expressly 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 the abandonment of the Owner’s Condominium, or for any other reason. The interest of any Owner in the amounts paid pursuant to any Assessment upon the transfer of ownership shall pass to the new Owner. Upon the termination of these covenants for any reason, any amounts remaining from the collection of such Assessments after paying all amounts properly charged against such Assessments shall be distributed to the then Owners in the Project on the same pro rata basis on which the Assessments were collected.
Creation of the Lien and Personal Obligation of Assessments. 1. Each Owner for any lot, by said acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay: (1) the initial assessment, (2) annual assessments or charges, and (3) special assessments for capital improvements or losses, or for failure to maintain and repair, such assessments to be established and collected as hereinafter provided.
2. All assessments, together with interest, costs and reasonable attorney's fees shall be a charge on the lot 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 person who was the Owner of such lot at the time when the assessment fell due. The personal obligation for the delinquent assessment shall not pass to his successors in title unless expressly assumed by them, but no such assumption shall relieve any Owner personally obligated from his personal liability.
Creation of the Lien and Personal Obligation of Assessments. The Declarants for each Lot owned within the Properties, hereby covenant and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association:
1. annual assessments or charges, and
2. special assessments for capital improvements, such assessments to be established and collected as herein- after provided. The annual and special assessments (including any expense incurred by the Association to discharge the responsibilities of a Lot Owner hereunder), together with interests, costs and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made, Each such assessment, together with interests, costs and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time when assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
Creation of the Lien and Personal Obligation of Assessments. Each Owner of a Lot covenants and agrees to pay the Association (a) annual assessments or charges, (b) special assessments, and (c) individual assessments established and collected as provided in these CC&Rs. All such assessments, together with interest, attorney fees, and costs of collection as provided in these CC&Rs, will be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, attorney fees, and costs of collection are also the personal obligation of Owner of such Lot at the time the assessment became due. The personal obligation for delinquent assessments will not pass to an Owner’s successor in title unless expressly assumed by the successor, but the lien of the assessment will run with the Lot, except as otherwise provided herein.
Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Building Site or any other parcel of property in Bayside Concourse by acceptance of a deed or any other means of conveying title to such property, including, without limitation, any purchaser at any foreclosure or judicial sale, whether or not it shall be so expressed in such deed or other means of conveyance, is hereby expressly deemed to covenant and agree to pay to the Association: (1) the Annual Assessments, and (2) the Special Assessments. The Assessments shall be a charge and encumbrance against the Building Site and Improvements situated therein and other property in Bayside Concourse to which such Assessment relates and shall be a continuing lien and encumbrance upon such Building Site and Improvements or other property against which such Assessment is made until paid in full. The Assessments shall also be the personal obligation of the Person who was the Owner of the applicable Building Site at the time any Assessment was levied. The liability for the payment of any Assessment may not be avoided or reduced by any waiver of the use or benefit of the
Creation of the Lien and Personal Obligation of Assessments. The Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for the delinquent assessments shall not pass to his successors in title unless expressly assumed by them. In view of the fact that Declarant shall incur all of the initial costs of constructing, building, and installing common elements, incurring most of the initial maintenance costs of same, said Declarant shall not be required to pay on lots owned by it any annual or special assessment required hereunder or levied by the Association.
Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot by acceptance of a deed therefore (except Declarant, as more specifically provided in Section 5.6 below), whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: Regular Yearly Assessments (for maintenance, repairs and ordinary operating expenses, including Common Expenses); and Special Assessments for capital improvements and operating deficits and for special maintenance or repairs as provided in this Declaration. A working capital contribution upon the sale or transfer of any Lot in the amount of ______________________and no/100 Dollars ($____.00), which shall be due at the time of such sale or transfer. Such assessments shall be established, shall commence upon such dates and shall be collected as hereinafter provided. All such assessments, together with prejudgment interest at twelve percent (12%) per annum (or, if such rate exceed the highest rate permissible by applicable law, then the highest rate permissible by applicable law), costs and reasonable attorneys’ fees, shall be a charge on the land and shall be a continuing lien upon the property 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 person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to such Owner’s successors in the title unless expressly assumed by them.
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, and any applicable neighborhood assessments. The annual, special, 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. Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association: (1) annual assessments or charges determined in accordance with this Declaration; and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual and special assessments together with such interest thereon and costs of collection thereof as hereinafter provided shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. Upon default in the payment of such assessments, the Association is authorized and entitled to record a notice of lien claim in the Register's Office for ▇▇▇▇ County, Tennessee, and to foreclose that lien claim by attachment and sale of the property through appropriate legal proceedings. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation, jointly and severally, of the person who was the Owner of such property at the time when the assessment fell due. The Association may bring an action in court to recover such assessment, together with interest, costs and reasonable attorney fees, from each person who was an Owner of such Lot at the time when the assessment fell due, which action may be brought in lieu or in addition to the filing or foreclosure of the lien pursuant hereto. The personal obligation or the delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
Creation of the Lien and Personal Obligation of Assessments. The Declarant for each lot owned by him within The Properties hereby covenants and each Owner of any lot by acceptance of a Deed therefore, whether or not it shall be so expressed in any such deed or other conveyance is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; (2) and any special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof as herein- after provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest thereon, costs of collection thereof, including reasonable attorney's fees as hereinafter provided, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.