HomeMy WebLinkAbout2334 Section 2 hereof), then such assessment shall be considered
delinquent. If the assessment is not pail within thirty
(30) days after the delinquency d~~te, the assessment shall
bear interest fror•~ the date of the delinquency at the r.rtr~
of ten (10$) percent per annum and the Association may ~~lace
the assessment in the hands of an attorney for collection
and the Association may bring suit to foreclose the lien in
the same manner as mortgages. There shall be added to the
amount of such delinquent assessment; interest on the
assessment as above provided, reasonable attorneys' fees and
costs incurred with respect to the enforcement of said
lien.
Section 5. Special Assessments. In addition
to the annual assessments authorized above, the Association
may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying,
in whole or in part, the cost of a_ny construction, reconstruc-
tion, repairs or replacement of a capital improvement upon
the private road or common facilities, including fixtures
and personal property related thereto, provided that any
such assessment shall have the vote or written assent of
fifty-one (51$) percent of the members.
Section 6. Subordination of the Lien to
Mortgages. The 1lssociatiori, may, in its discretion, sub-
ordinate in writing, for limited periods of time, the liens
of the Association .~~3ainst any Lot for the benefit of or
better security of a mortgagee.
ARTICLE VII
REMEDIES FOR VIOLATIONS
In the event of a violation or-breach.of an}~ 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 severally,
i shall have the right to proceed at law or in er~uity to
compel a compliance with the terms hereof or to prevent the
violation or breach of any of them, or for money damages.
j In such event, said Developer and/or Owner or Owners shall
E ~ be entitled to reasonable attorneys' fees and costs incurrc:.l
with respect to the enforcement of said covenants and
restrictions. In addition to the foregoing right, the
I Developer shall have the right, whenever there shall 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
E 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-
~ vation, 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 prig or subsequent thereto and shall not bar or
affect its enforcement. The invalidation by any court of
any of the covenant: .in~3 restrictions herein contai.nec3 shall
in no way affect ar-.; of th~~ other covenants and restrictions,
but they shall remain in full force and effect.
ARTICLE VIII
I::'.IS'I'I'dE. ('nVF.^.Ah'CS 11tiD RES'I'1:iC'I'IONS
. ~ E NNIMAN.
..r.RtEREp Section 1. The Developer ma}' include in any
~•,t..~.,~w contract or deed or cle`d hereafter made any additional
. _ ~ ~ ~ r~H ~O• 77aM
sr. ler l7~
Page - 7 - grh'11(322 Pe~E 2:326