Common use of Lien for Assessments Clause in Contracts

Lien for Assessments. The Association shall have a lien against each Lot to secure payment of delinquent assessments, as well as interest, late charges (subject to the limitations of applicable law), and costs of collection (including attorneys fees). Such lien shall be prior and superior to all other liens, except (a) the liens of all taxes, bonds, assessments, and other levies which by law would be superior, and (b) the lien or charge of any first Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment, and judicial or nonjudicial foreclosure in accordance with the law of the situs of the property. The Association, acting on behalf of the Owners, shall have the power to bid for the Lot at the foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot. During the period in which a Lot is owned by the Association following foreclosure: (a) no right of vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Lot shall be charged, in addition to its usual assessment, its equal pro rata share of the assessment that would have been charged such Lot had it not been acquired by the Association as a result of foreclosure. Suit to recover a money judgment for unpaid Common Expenses and attorneys fees shall be maintainable without foreclosing or waiving the lien securing the same. The sale or transfer of any Lot shall not affect the assessment lien or relieve such Lot from the lien for any assessments thereafter becoming due. However, the sale or transfer of any Lot pursuant to judicial or nonjudicial foreclosure of a first Mortgage shall extinguish the lien as to any installments of such assessments that became due prior to such sale or transfer. Where the Mortgagee holding a first Mortgage of record or other purchaser of a Lot obtains title pursuant to judicial or nonjudicial foreclosure of the Mortgage, it shall not be personally liable for the share of the Common Expenses or assessments by the Association chargeable to such Lot which became due prior to such acquisition of title. Such unpaid share of Common Expenses or assessments shall be deemed to be Common Expenses collectible from Owners of all Lots subject to assessment under Section 10.9, including such acquirer, its successors and assigns.

Lien for Assessments. The Subject to the limitations of any other applicable provisions of South Carolina law, the Association shall have a statutory lien against each Lot Unit to secure payment of delinquent assessments, as well as interest, late charges (subject to the limitations of applicable law)charges, and costs of collection (including attorneys attorneys' fees). Such lien shall be prior and perfected upon the Recordation of this Declaration. Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments, and other levies which by law would be superior, and (b) the lien or charge of any first Recorded First Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value, and (c) labor or materialmen's liens, to the extent required by law. Such lien, when delinquent, may be enforced in the same manner as provided for the foreclosure of Mortgages under South Carolina law. All such costs and expenses of any such foreclosure shall be secured by suit, judgment, and judicial or nonjudicial foreclosure in accordance with the law of the situs of the propertylien being foreclosed. The Association, acting on behalf of the Owners, shall have the power to Association may bid for the Lot Unit, as applicable, at the foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot. During the period in which Unit While a Lot Unit is owned by the Association following foreclosure: foreclosure (a) no right of to vote shall be exercised on its behalf; , (b) no assessment shall be levied on it; , and (c) each other Lot Unit shall be charged, in addition to its usual assessment, its equal pro rata share of the assessment that would have been charged such Lot to the foreclosed Unit had it not been acquired by the Association as a result of foreclosurenot acquired it. Suit to recover a money judgment The Association may sue for unpaid Common Expenses assessments and attorneys fees shall be maintainable other charges authorized hereunder without foreclosing or waiving the lien securing the same. The sale or transfer of any Lot Unit shall not affect the assessment lien or relieve such Lot Unit from the lien for any subsequent assessments thereafter becoming due. However, the sale or transfer of any Lot Unit pursuant to judicial or nonjudicial foreclosure of a first the First Mortgage shall extinguish the lien as to any installments of such assessments that became due prior to the Mortgagee's foreclosure, except as otherwise provided in this Section. Uncollected assessments shall be deemed Common Expenses collectible from Owners of all Units subject to assessment under Section 9.5, including such sale or transferacquirer, its successors, and assigns. Where the Mortgagee holding a first Mortgage of record or other purchaser of a Lot obtains title pursuant to judicial or nonjudicial foreclosure The subsequent Owner of the Mortgage, it foreclosed Unit shall not be personally liable for the share of the Common Expenses or assessments by the Association chargeable to on such Lot which became Unit due prior to such acquisition of title. Such unpaid share of Common Expenses or assessments shall be deemed to be Common Expenses collectible from Owners of all Lots Units subject to assessment under Section 10.99.5, including such acquirer, its successors successors, and assigns.

Lien for Assessments. The District Association shall, at any time following the expiration of ten (10) days after the due date of an Assessment, be entitled to cause a claim of lien for such delinquent Assessments to be filed among the Public Records of Brevard County, Florida. Any such claim of lien shall, among other things, state and identify the Unit or Unplatted Parcel against which the lien is claimed, the name of the Owner of the Unit or Unplatted Parcel as provided in the books and records of the District Association, and the amount of the lien at the time of filing and such additional items as may be secured by the lien. Such lien may be executed by any officer of the District Association or by the management agent or attorney for the District Association. A copy of the claim of lien shall have a be furnished to the Owner against whose property the lien against each Lot to secure is filed. The payment of delinquent assessmentsall Assessments established, made, levied and imposed by the District Association pursuant to this District Declaration, as well as any Assessments which may become due on or after the recordation of such lien together with interest, penalties, processing or other fees, late charges charges, costs, expenses, and reasonable attorneys, and paralegals, fees associated with the collection thereof (subject to the limitations of applicable lawwhether suit be brought or not), and costs of collection (including attorneys fees). Such lien shall be secured by the lien, Upon recording of a notice or claim of lien on any Unit or Unplatted Parcel, there shall exist a perfected lien for unpaid Assessments prior and superior to all other liens, except (a) the liens of all taxes, bonds, assessmentsAssessments, and other levies which by law would be superior, and superior thereto; (b) the lien or charge of any first Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value; and (c) the lien for Community Association Assessments as provided in the Community Declaration. Such lien, when delinquent, lien may be enforced by suit, judgment, and judicial judgment or nonjudicial foreclosure in accordance with the law of the situs of the propertysame manner mortgage liens are foreclosed. The Association, acting on behalf of the Owners, District Association shall have the power to bid for the Lot Unit or Unplatted Parcel at the foreclosure sale and to acquire, acquire and hold, lease, mortgage, mortgage and convey the Lotsame. During the period in which a Lot Unit or Unplatted Parcel is owned by the District Association following foreclosure: (a) no right of vote Assessment shall be exercised on its behalf; (b) no assessment shall be assessed or levied on it; and (cb) each other Lot Unit or Unplatted Parcel shall be charged, in addition to its usual assessmentAssessment, its equal pro rata share share, based upon its percentage of total Assessments in Section 1 of this Article, of the assessment Assessment that would have been charged such Lot Unit or Unplatted Parcel had it not been acquired by the District Association as a result of foreclosure. Suit to recover a money judgment for unpaid Common Expenses Assess­ments, interest, penalties, processing or other fees, late charges, costs, expenses and reasonable attorneys and paralegals, fees shall be maintainable without foreclosing or waiving the lien securing the same. The sale If there are multiple Owners of a Unit or transfer of any Lot Unplatted Parcel, each Owner shall not affect the assessment lien or relieve such Lot from the lien be jointly and severally liable for any assessments thereafter becoming dueAssessments made against such Unit or Unplatted Parcel. However, The remedies herein provided for the sale or transfer collection and enforcement of any Lot pursuant to judicial or nonjudicial foreclosure of a first Mortgage shall extinguish Assessments and the lien as to any installments of such assessments that became due prior to such sale or transfer. Where the Mortgagee holding a first Mortgage of record or other purchaser of a Lot obtains title pursuant to judicial or nonjudicial foreclosure of the Mortgage, it shall not be personally liable for the share of the Common Expenses or assessments by the Association chargeable to such Lot which became due prior to such acquisition of title. Such unpaid share of Common Expenses or assessments lien therefor shall be deemed to cumulative and not alternative and may be Common Expenses collectible from Owners of all Lots subject to assessment under Section 10.9, including such acquirer, its successors and assignsbrought separately or simultaneously as separate counts in the same action.