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HomeMy WebLinkAbout2324 of membership in the Association as the same are prescrib~cl in the Articles of Incorporation ~f the Association as the}• may be constituted from time to time. In the event of any ' inconsistencies at any time between the provisions of this Declaration of Protective Covenants and the provisions of said Articles the provisions of this-Declaration shall govern. ARTICLE VI COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien. Each Owner, except the Developer, of any Lot in the Subdivision by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is c'eemed to covenant and agree to pay to the Association annual assessments or charges to be fixed, established and collected from time to time as hereinafter provided. The Annual Assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. In no event shall such lien become prior to the mortgage lien of amf financial institution or. bank unless a written statement of the lion amount has been filed by the Association in the Public Records of the Clerk's Office of St. Lucie County, Florida, prior to the filing of said institution or bank ~ mortgage lien. Section 2. Amount and Payment of Annual Assessments. Commencing January 1, 1980, and on the same day of each year thereafter, each Owner, except the DeveloE~er, shall pay to the Associatiorf, on or before such date, the amount of the assessment or assessments, as provided for . hereinafter, against his property. The amount of the assess- ment shall be fixed by the members of the Association at least thirty (30) days in advance of said January 1, on which date the assessment shall be due and payable. Written notice of the assessment shall thereupon be sent to every Owner subject to the assessment. Such notice shall be deemed to have been given if it is deposited postage prepaid in the United States mails addressed to the name or- names and address under which the property in yuestion is listed on the records of the Association or in the office of the St. Lucie County Tax Assessor. The amount of the annual assessment may be changed from year to year by the Associa- tion as tt~e needs of the Subdivision, in its judgment, may I require. In the event that an owner acquires title to a Lot from the Developer after January 1 of an}~ year, the amount ~ of the assessment against that Lot shall be reduced for the f calendar year in y~~estion on a prorata basis. Such reduced assessments shall be due and payable on the date on which Owners acquire title. i ~ Section 3. Certificate of Payment. The ~ Association shall upors demand at any time furnish to any Owner a certificate in writing signed by an officer of the Association, setting forth whether any assessments r.?ade against his Lot or Lots have been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 4. Effect of nonpayment of Assessment: .FENNIMAN- The Lien: Remedies of the Association. If an assessment is i~c.RTEaEO not paid on the date when due (being the dates specified in :.,.r . ~r ?ww ,~r~Cf F1pX ].17 ~ s - , r l r;wip~ lI/fYf i ~~r7~~~~ (i G~:7K PAGE