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HomeMy WebLinkAbout1012 ~ against the condominium units constituting a part of the Section 1 Condomin- ium. Additionally, 1 Association may require payment of such Assessments against the Sectlon 1 Contributing Units sooner than the payment required from the Contributi~g Units on the Future Development Property. If a~1y Contributing Unit is part of a. condominium or, if the owner thereof is other- • wise required to be a member of any incorporated "association" by virtue of such ownership, an Assessment Notice to the applicable condominium or other association shall be deemed an Assessment Notice to such Contributing Unit . _ Owners so required to be members thereof . E. Lien. The amount of the Assessment against a Contributing ° Unit, together with interest thereon at the highest rate allowed by law from ~ the date due until the date received by 1 Association and costs of collection, including, but not limited to, reasonable attorneys' fees through and including all appeals are hereby declared to be a charge on, and a continuing lien upon, that Contributing Unit. As to any condominium declared upon any portion of the Future Development Property and as to the Section 1 Condomin- ium, the Assessments applicable to the Contributing Units contained within or . constituting a part of such condominium shall be part of the "Common Expens- es" (as presently defined in the Act) of that condominium and shall be collect- ed by the condominium association formed with respect thereto in the same manner, by the same procedure and to the same extent as other Common Expenses. The amount of an Assessment against a Contributing Unit together - with interest thereon and the costs of collection thereof , including reasonable attorneys' fees through and including all appeals, all as hereinbefore set for±h, shall also be the personal obligation of the person, persons or entity who, at the time the Assessment was made, owned the Contributing Unit , assessed. Said lien shall be effective only from and after the time a written acknowledged statement by 1 Association is recorded amongst the Public Records of St. Lucie County, Florida, setting forth the amount due as of the date the statement is signed. . Upon full payment of all sums secured by that lien, the party making payment shall be entitled to a recordable satisfaction of the statement of lien. The provisions of Section 718.116(6) of the Act are applicable to the Assessments hereunder as to Contributing Units contained in the Section 1 Condominium as well as any condominiums established - on any por'on of the Future Development Property . F. Enforcement of Assessments . In the event any Assessment or : any installment thereof, if such Assessment is payable in installments, is not ! paid within fifteen (15) days after the same becomes due, 1 Association, I through its Board, shall have the following remedies: (i) to accelerate the i entire amount of any Assessment which would otherwise have been payabie in - i installments; (ii) to advance on behalf of the owner of the Contributing Unit € in default, funds up to and including the amount of the Assessment and the j amount or amounts of money so advanced including alt expenses reasonably ~ incurred because of or in connection with such payments, together with ~ interest thereon at the highest rate allowed by law and reasonable attorneys' ~ fees through and including all appeals with respect to. the collection thereof , ~ may be thereupon collected or enforced by 1 Association and such an advance ~ shall not waive the default; (iii) 1 Association may file an action in equity to foreclose its lien at any time after the effective date thereof which lien may be foreclosed by an action in the name of 1 Association in a like manner as a foreclosure of a mortgage on real property; (iv) without waiving its lien ~ rights and its right of foreclosure, 1 Association may file an a~tion at law to ~ collect the Assessment, plus interest, at the highest rate allowed by law plus ~ court costs and reasonable attorneys' fees through and including all appeals . ~ The remedies herein set forth are cumulative and in addition to (and not in ~ lieu of ) all other remedies otherwise available to 1 Association under applicable ~ law. _ ~p ~ = 7 ~ - B~RK301 ~~~E1012 ~ - ,;n . ~ ~ ~ ~ - - - _ = . ~~cd"~"=, .rS~ x~~g~'.' ~ . ` 5.-~ ~sx,~~.'~^.,'a'4~~3•~`-nz^'~~ ' S y~. f-+ ~ . . _ _-.~"~S:-_ ..<'0.e..1'£~`~~3~ . . _ .