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HomeMy WebLinkAbout1237 3.3 Comanon Elements. The common elements include all interests in irrigation water mains, rights to existing water supplies, irrigation wells and water supplies located on or under the land, rights to drain the land, pipes and irrigation equipment, as deacribed in Exhibit "C" hereto attached and all other parts of the condominium not with the units. All parcel unit owners shall have an easement for ingress and egress between the condominium property and public ways over such streets~ pass, roads and other rights- of-way serving the condominium as part of the com~on elements. 4.1 A~ ~urtenances to Units. The owner of each unit shall own a share and certain interests in the condominium property, which share and interest are appurtenant to his unit, including but not limited to the following items: a. Common Elements and Common Surplus. The unit owners' percentage ownership in the commaon elements and common,surplus is set forth in Exhibit "D" hereto attached. b. Each unit owner shall own a designated number of shares in the Association as appurtenant to his unit. The identity of the unit and the number of shares attributable thereto are set forth in Exhibit "E" hereto attached and made a part hereof. 4.2 Liability for Common Expenses. Each unit owner shall be ~ia~e for a pro~ortionate sfiare of the common expenses, such share being the same as the undivided share in the co~aon elements appurtenant to his unit. 5. COIrIIrION ELEMENTS. The maintenance and operation of the cownon elements sifaLl be the responsibility of the Association and a co~on expense. 6. ASSESSMENTS. The making and collection of assessments against unit owners tor com0non expenses shall be pursuant to the By-Laws and subject to the following provisions: 6.1 Share of Common Expense. Each unit owner shall be liable for a proportionate share of the common expenses, and shall share in the common surplus, such shares being the same as the undivided share in the common elements appurtenant to the units owned by him. The common expenses shall include b~it not be limited to those items identified in Paragraph 2.7 of this Declaration of Condominium. 6.2 Lien for Unpaid Assessments. The Association shall have a lien on each unit tor any unpaid assessments, together with interest thereon and against the unit owner of such unit. Such owner shall, in addition, be liable for all costs and reasonable attorney fees incurred by the Association in the collection of such assessments or enforcement of such lien, and the lien shall secure the same. The lien shall be effective from and after the time of its recording in the Public Records of St. Lucie County, Florida, and shall state the description of the condominium parcel, the name of the record owner, Che amount due, the statement "plus reasonable attorneys fees for collection" shall be stated, and the date when due; and the lien shall continue in effect until all sums secured by the lien shall have been fully paid. Such claims shall include only assessments which are due and payable when the claim of lien is recorded. Such claims are due and payable when the claim of lien is recorded. Such claims and lien shall be signed and verified by an officer or agent of the Association, and completed in a manner which shall entitle them to be recorded. Upon full payment the party making payment shall be entitled to a recordable satisfaction of lien, to be recorded at such party's expense. All such liens shall be subordinate to the lien of a mortgage or other lien recorded prior to the time of recording of the clai~ of lien. e~ I~ ~ BO~KJ45 PAGE~L~-J•J -3- HEILIWEII. MEIROSE 6 OEWOLF, NINTM FLOOR, ~401 BRICNELL AVENUE, M1AM1, ~lOR1~A 33131 • TEIEPHONE 13051 373-75~1 ~ - ~:.,-ar_.._~--__-~.-.. _ _ -- ~~.-_ ._.,_ .-,.s..,.:~-z~