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HomeMy WebLinkAbout2333 • .rr of membership in the Association as the same are prescribed in the Articles of Incorporation of the Association as they may be constituted from time to time. In the cwer2t of an inconsistencies at any tirnc• between the provisions of this declaration of Protective Covenants and the provisions of said Articles the provisions of thi:~ h~~clar:~tian shall govern. ARTICLE VI COVENANT FOR M,'1INTENANCF. 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 an}? such deed or other conveyance, is deemed to covenant and agree to pay to the Association annual assessments or charges to be fixed, established anti 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 ~.,rhich each such assessment is made. In no event shall such lien become prior to the mortgage lien of any financial institution or bank unless a written statement of the lien amount has been filed by the Association in th~• Public Records o` the Clerk's Office o~ 5t. Lucie Count~~, Florida, prior to tt~c~ f ilin<1 of said institution or ban}: i mortyagc• lien. Section 2. Amount and Payment of Annual Assessments. Commencing Januar.; 1, 1980, an~3 on the same day of each year thereafter, each Owner, except the DeveloE~er, shall pay to the Association, on or before such date, the amount of the assessment or assessments, as provided for hereinafter,"against his propert}?. 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 liven if it is deposited postage prepaid in the United States mails addressed to the name or names • and address under which the property in question is listed on the records of the Association or in the office of the ourrt of the annual St. Lucie County Tax Assessor. The am assessment may be changed from year to year by the Associa- `E tion as the needs of the Subdivision, in its judgment, r:i.-ry require. In the event that an Owner acquires title to a Lot from the Developer after January 1 of any year, the amount of the assessment a?lainst that Lot shall be reduced for the calendar year in cuestion on a prorates basis. Such reduced assessments shall be due and Payable on the.date on which Owners acduir.e title. t Section 3. Certificate of Payment. The Association shall :rl~on demand at an}~ time furnish to E:n.• Owner a certificate in writin.3 signed b;• an officer of the Association, settinrr forth whether any assessments made against his Lot or I.~~ts have been f,aid. Such certificate shall be conclusive f•~,idence of payment of am: 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 yaRFEHEO not paid on the date when due (being the dates specified in 'i. At lAA ~1 f,~.E 901~1A1) ' r. Iwl ~l00 P~~qe -G- z~j~~322 Pa~E2325