HomeMy WebLinkAbout0141 thereon and cost of collection thereof as hereinafter provided, thereupon become
a continuing lien on the pr~perty which shall bind such property in the hands
of the then 4wner~ his heirs, devises~ personal representatives and assigns.
The personal obligation of the the~ Owner to pay such assessment, howeve r, shall
remain his personal obligation for~the statutory period. Provided, however,
that no voluntary sale of any living Unit shall be effective, nor shall any
marketable ti~tle be conveyed unless and until the Seller has obtained from the
proper officers of the Association a certificate, in recordable form, attesting
to the fact that the Seller has paid all assessments to date. If no such
certificate is obtained and recorded, the Purchaser shall be conclusively pre-
sumed to have assumed such past due assessments and shall become forthwith liable
therefor. If the assessment is not paid within thirty (3~) days after the
delinquency date, the assessment shali bear interest from the date of delinquency
at the rate of seven per cent (7$) per annum, and the Association may bring an '
action of law against the Owner perso~ally obligated to pay the same or to fore-
close the lie~ aga+nst the property, and there shall be added to the amount af -
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such assessment the costs of preparing and filing the complaint in such action, ~
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and in the event a judgment is obtained, such judgment shall include interest ~
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on the assessment as above provided and a reasonable atto~ney's fee to be fixed -
by the court together with costs of the action.
SECTION 10. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the
assessments provided for herein shall be subordinate to the lien of any first ;
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mortgage or mortgages now or hereafter placed upon the properties subject to
assessment; provided, however,. that such subodination shall apply only to the
assessments which have become due and payable prior to a sale or transfer of such
property pursuant to a decree of foreclosure. Such sale or transfer shall not
~ relieve such property from liability for any assessments thereafter becoming
due, nor from the lien of any such subsequent assessment, which again shali be ;
subordinate to the lien of a new first mortgage placed upon The Property or
Properties.
SECTION 11. EXEMPT PROPERTY. The following property subject to this
Declaration shall be exempted from the assessments, charges and liens created
herein; (a) all properties to the ex~entany easement or other interest therein ~
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is dedicated and accepted bythe local public authority a~d devoted to the public
use; (b) all Conxnon Properties as defined in Article I, Section 1 hereof;
(c) all lots retained by Developer after control of the Association is turned
over to the Class "A" M{embers; and (d) all properties exempted from taxation
hy the laws of the State of Fiorida upon the terms and to the extent of such
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