HomeMy WebLinkAbout2316 Section 2 hereof), then such assessment shall be considered
delinquent. If the assessment is not paid within thirty
(30) days after the delinquency date, the assessment shall
bear interest from the date of the delinquenc}• at the rate
of ten (10$) percent per annum and the Association may place '
the assessment in tl~e hands of an attorne}~ for collection
and the Association may bring suit to foreclose the lien in
the same manner as mortgages. There shall !~e added LoLitic• '
amount of such delinquent assessment: interest on the
assessment as above provided, reasonabl-c~ attorneys' fees and
costs incurred with respect to the enfore:~~~ient of said
lien.
Section 5. Special Assessments, In addition
to the annual assessments authorized above, the Association
may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying,
in whole or in part, the cost of any construction, reconstrtrc-
tion, repairs or replacement of a capital improvement upon
the private road or common facilities, including fixtures
and personal property related thereto, provided that any
such assessment shall have the vote or written assent of
fifty-one (S1$) percent of the members.
Section 6. ~ Subordination of the Lien to
Mortgages. The Association, may, in its discretion, sub-
ordinate in writing, for limited periods of time, the liens
of the Association against any Lot for the benefit of or
better security of a mortgagee.
ARTICLE VII
REMEDIES FOR VIOLATIONS
i
f 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 by virtue of
any judicial proceedings, the Developer, and the Owners of
Lots in the Subdivision or any of them, jointly or se~~c'r~~ll~•,
shall ha;?o t`ie r iyht to l:roceed .~t law or in e~yu i ty Lc~
compel a compliance with the terms hereof or to prevent the
violation or breach of any of them, or for money damages.
E In such event, said'Ueveloper and/or Owner or Owners shall
bc~ entitled to reasonable attorneys' fees and costs incurred
with respect to the enforcement of said covenants and
restrictions. In addition to the foregoing right, the
Developer shall have the right, whenever there shell have
been built on any Lot in the Subdivision any structure which
~ is in violation of these covenants and restrictions, to
enter upon the property where such violation exists and
€ summarily 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-
vatior~, restriction or condition contained herein, however
long continued, shall not be deemed a waiver of the right to
do so thereafter as to the same breach or as to a breach
occurring prior or. subsequent thereto and shall not bar or
affect its enforcement. The invalidation by any court of
any of the covenants and restrictions herein contained shell
in no way affect any of the other covenants and restrictions,
but they shall remain in full force and effect.
ARTICLF. VIII
F.XISTIr: ('OLENANTS AND RES'I'RICTICitiS
FEt~NINAN.
~•+;,c+rfHED Section I The Developer may include in any
- H.r.~?..w contract or deed or deer! here~~fter :Wade any additional
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