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 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. The Declarant, for each Condominium within the ProjectLot owned by it, hereby covenants, and each Owner of any Condominiuma Lot, by acceptance of a deed for that Condominiumbecoming the Owner thereof, whether or not it shall be so is expressed in such deedthe deed or other instrument by which the Owner acquired ownership of the Lot, covenants is deemed to covenant and agrees: (a) agree to pay to the Association all Regular Assessmentsannual assessments, Special Assessments special assessments, individual lot 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 lawapplicable neighborhood assessments. The Regular Assessmentsannual, Special Assessments special, individual lot and Reimbursement Assessmentsneighborhood assessments, together together, with interest, late chargescosts, collection costs and reasonable attorneys’ fees, shall be a charge on the Condominium land and shall be a continuing lien upon the Condominium Lot 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 Lot at the time when the Assessment fell became due. The personal obligation Except as otherwise expressly provided herein or by applicable law, an Owner is jointly and severally liable with the previous Owner for delinquent Assessments shall not pass all unpaid assessments that came due up to his successors 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 unless expressly assumed to a parcel by them. No Owner foreclosure or by deed in lieu of foreclosure, for the unpaid assessments that became due before the mortgagee’s acquisition of title, shall be exempt limited as and to the extent provided by Section 720.3085, Florida Statutes, as amended from liability 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 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 assessment therein stated 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 collectedhave been paid.

Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Condominium within the Project, hereby covenants, Each and each every Owner of any CondominiumLot or Lots within the Property, by acceptance of a deed for that Condominiumto a Lot, whether or not it shall be so expressed in any such deeddeed or other conveyance, covenants and agrees: (a) shall be personally obligated to pay to the Association all the regular assessments or charges, special assessments and charges, and 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 Assessments, Special Assessments annual assessments and Reimbursement Assessments, with such Assessments special assessments are to be fixed, established and collected from time to time 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 lawhereinafter provided. The Regular Assessments, Special Assessments regular annual assessment and Reimbursement Assessments, special assessments together with interest, late charges, collection costs such interest thereon and reasonable attorneys’ feesCosts of Collection therefore, shall be a charge and continuing lien on the Condominium Lot and shall be a continuing lien upon the Condominium Patio Home thereon against which each such Assessment assessment is made, the lien to become effective upon recordation of a notice of delinquent Assessment. Each such Assessmentassessment, together with interestassessed interest thereon and all Costs of Collection, late charges, collection costs, and reasonable attorneys’ feesas hereinafter provided, shall also be the personal obligation of the person who was the Owner of such Condominium Lot at the time when the Assessment fell dueassessment first becomes due and payable. The personal obligation In the case of co-ownership of a Lot, all of such co-owners shall be jointly and severally liable for delinquent Assessments shall not pass to his successors in title unless expressly assumed by themthe entire amount of the assessment. No Owner shall be exempt from may waive or otherwise escape liability for payment the assessments provided for herein by non-use of Assessments by waiver of the use Common Properties 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 collectedhis Lot and Patio Home.

Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Condominium lot owned within the ProjectProperty, hereby covenants, and each Owner of any Condominium, Lot by acceptance of a deed for that Condominiumtherefore, whether or not it shall be so expressed in such deed, covenants is deemed to covenant and agrees: (a) agree to pay to the Association all Regular AssessmentsAssociation: (1) annual assessments or charges, Special Assessments and Reimbursement Assessments(2) special assessments for capital improvements, with such Assessments 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 lawhereinafter provided. The Regular Assessments, Special Assessments annual and Reimbursement Assessmentsspecial assessments, together with interestinterests, late charges, collection costs and reasonable attorneys’ attorney’s fees, shall be a charge on the Condominium land and shall be a continuing lien upon the Condominium 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 effective upon recordation payable prior to the passing of a 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 delinquent Assessmentpendency 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 ▇▇▇ ▇▇▇▇▇▇▇; 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, late charges, collection costs, and reasonable attorneys’ attorney’s fees, shall also be the personal obligation of the person who was the Owner of such Condominium property at the time when the Assessment 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. The Declarant, for each Condominium within the Project, hereby covenants, and each Owner of any Condominium, Condominium by acceptance of a deed for that Condominium, whether or not it shall be so expressed in such deed, covenants and agrees: (a1) to pay to the Association all Regular Assessments, Cost Center Assessments, Special Assessments and Reimbursement Assessments, with such Assessments Charges to be the Association as established and collected as subsequently provided in this Declaration, and (b2) to allow the Association to enforce any assessment lien 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, Cost Center Assessments, Special Assessments Assessments, and those Reimbursement AssessmentsCharges that legally can be an Assessment Lien pursuant to section 4.11 hereof, together with interest, late charges, collection costs and reasonable attorneys’ ' fees, shall be a charge on the Condominium and shall be a continuing lien Assessment Lien upon the Condominium against which each such Assessment is made, the lien to become effective upon recordation of a notice Notice of delinquent 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, Areas or by the abandonment of the Owner’s '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. The Declarant, for each Condominium within the ProjectLot owned by it, hereby covenants, and each Owner of any Condominiuma Lot, by acceptance of a deed for that Condominiumbecoming the Owner thereof, whether or not it shall be so is expressed in such deedthe deed or other instrument by which the Owner acquired ownership of the Lot, covenants is deemed to covenant and agrees: (a) agree to pay to the Association all Regular Assessmentsannual assessments, Special Assessments special assessments, individual lot 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 lawapplicable neighborhood assessments. The Regular Assessmentsannual, Special Assessments special, individual lot and Reimbursement Assessmentsneighborhood assessments, together together, with interest, late chargescosts, collection costs and reasonable attorneys’ fees, shall be a charge on the Condominium land and shall be a continuing lien upon the Condominium Lot 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 Lot at the time when the Assessment fell became due. The personal obligation Except as otherwise expressly provided herein or by applicable law, an Owner is jointly and severally liable with the previous Owner for delinquent Assessments shall not pass all unpaid assessments that came due up to his successors 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 unless expressly assumed to a parcel by them. No Owner foreclosure or by deed in lieu of foreclosure, for the unpaid assessments that became due before the mortgagee’s acquisition of title, shall be exempt limited as and to the extent provided by Section 720.3085, Florida Statutes, as amended from liability 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 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 assessment therein stated 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.have been paid.‌