HomeMy WebLinkAbout2307 Section 2 hereof), then such assessment shall be considered
delinquent. If the assessment is not paid within thi•~ty
(30) days after the delinquency date, the assessmer~L snail
bear interest from the .date of the delinquency at the rate
of ten (10$) percent per .annum and the Association may place
the assessment in the hands of an attorney for collection
and the Association may bring suit to foreclose the lien irl
the same manner as mortgages. There shall be added to the
amount of such delinquent assessment: interest on the
assessment as above provided, reasonable attorneys' fees and
costs incurred with respect to the enforcement of said
lien.
Section 5. Special Assessments. In addition
to the annual assessments authorized above, the Association
may levy, in any assessment year, a special assessment
applicable to that year onl}• for the purpose of defraying,
in whole or in part, the cost of any construction, recortstruc-
tion, repairs or reE>lacement of a capital improvement upon
the private road or common facilities, including fixtures
and personal property related thereto, provided that an}~
such assessment shall have the vote or written assent of
fifty-one (51~e) percent of the members.
Section G. Subordination of the Lien to
Mortgages. The Association, may, in its discretion, sub-
ordinate in writing, for limited periods of time, tt~e liens
~ of the Association against any Lot for the benefit of or
~I
better security of a mortgagee.
ARTICLE VII
i REMEDIES FOR VIOLATIONS
I
In the event of a violation or breach of any of
these covenants and restrictions by any person or entity
claiming by, through or under the Developer, or b}• virtue of
any judicial proceedings, the Developer, and the Owners of
Lots in the Subdivision or any of them, jointly or severally,
shall have tfie right to proceed at law or in equity to
compel a compliance with the terms hereof or to prevent the
violation or breach of any of them, or far money damages.
In such event, said Developer and/or Owner or Owners shall
• he entitled to reasonable attorneys' fees and costs incurrF~cl
with respect to the enforcement cf said covena:~ts and
j restrictions. In addition to the foregoing right, the
Developer sh:311 have the right, whenever there shall have
been built on any Lot in the Subdivision any structure which
F is in violation of these covenants and restrictions, to
enter upon the property where such violation exists and
su~unarilr abate or remove the same at the expense of the
Owner, and such entry and abatement or removal shall not be
deemed a trespass. The failure to enforce any right, reser-
vation, restriction or condition contained herein, however
long continued, shall nat ire deemed a waiver of the riyht to
' do so thereafter as to the same breach or as to a breach
1
occurring prior or subsequent thereto and shall not bar or
affect its enforcement. The invalidation by any court of
~?ny of the covenants and restrictions herein contained shall
in no way affect any of the other covenants and restrictions,
but they shall remain in full force and effect.
ARTICLE VIII
EXISTING COVENANTS AND RESTRICTIONS
~ENNIMAN.
~,.;~~rEkEO Section 1. The Developer may include in any
":~hF•.T~~» contr•ict or deed or deed hereafter made any additional
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