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such alterations or additions shall be made without the written
consent of any mortgagee providing funds for the construction of the
project.
9. ASSESS+~IENTS. '
The making and collection of assessments against Apartment
Owners for common expenses will be pursuant to the By-Laws of the
Association, subject to the following provisions:
9.1. Share of Common Ex ense. Each apartment owner will a
be liable for a proport onate share of the common expenses, and .
will share in the common surplus, as provided for in Article 7 of
this Declaration. ~
9.2. Interest; Application of Payments. Assessments
and installments on such assessments, which are paid on or before
ten (10) days after date when due, will not bear interest; but all
such sums not paid on-or before ten (10) days after the date when
due will bear interest at the rate of ten (108) percent per annum
from the date when due until paid. All payments upon account will
be first applied to interest and then to the assessment payment
first due.
9.3. Lien for Assessments. Assessments shall be due and
payable on the first day of each calendar quarter of the year Eor
which assessments. are made, or thirty (30) days after the mailing
to the unit owners of a statement for the assessment coming due,
whichever date shall last occur. The Association shall record a -
Claim of Lien if an assessment shall remain unpaid for sixty (60)
days after the same shall become due and payable as set forth '
above. No foreclosure judgment shall be entered until at least
thirty (~0) days after the Association gives written notice to the
unit owner of its intention to foreclose the lien to collect the
unpaid assessment. The lien for unpaid assessments shall secure
reasonable attorneys' fees, including but not limited to fees for
appellate court representation, incurred by the Association
incident to the collection of an assessment or enforcement of the
lien.
9.4. Collections and Foreclosure. The Association may
E take such action as it deems necessary to collect assessment: by -
s personal action, or by enforcing and foreclosing said liens, and it
may settle and compromise the same, if in the best interests of the
Association. The Association-will be entitled to bid at any sale-
~ held pursuant to a suit to foreclose any lien; and at any sale field
pursuant to a suit to foreclose an assessment lien it may apply as
a cash credit against its bid all sums due the Association covered
by the lien enforced. In case of the foreclosure of an assessment '
lien, the apartment owner will he required to pay a reasonable
~ rental for the apartment and this plaintiff in such foreclosure will
be entitled to the appointment of a receiver to collect same from
the apartment owner and/or occupant.
9.5. Liability of Mortgagee, Lienar or Judicial Sale
Purchaser for Assessments. Where a mortgagee or a third party
) acquired title to an apartment as a result of the foreclosure of an ,
institutional first mortgage of record, or where such a mortgagee
~ accepts `a deed to an apartment in lieu o-f foreclosure, such acquir-
er of title, his heirs, or executors, legal representative, succes-
sors and assigns will not be liable for the share o.f common expens-
es or assessments by the Association pertaining to such apartment
or chargeable to the former owner of such apartment which became
due prior to such acquisition of title. Such unpaid share of
common expenses or assessments will be deemed to be common expens-
es, collectable from all of the apartment owners, including such
acquirer of title, his heirs, executors, legal representatives,
successors and assign s_.
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