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HomeMy WebLinkAbout1682 Association which may be used in the operation and management of the Condominium. I. The payment of any assessment or installment thereof due the Association shall be in default if not paid into the Association on or before the due date for such payment. When in default, the delinquent assessment or delinquent installment thereof due the Association shall incur a late charge of ten ($10.00) dollars per month for each month delinquent or shall bear interest at the rate of fifteen (15$) percent per annum whichever is greater, until such delinquent assessment or installment thereof, and all late charges due thereon, have been paid in full to the Association. J. The unit owner or unit owners of each apartment ~ unit shall be personally liable, jointly and severally, as the case may be, to the Association for the payment of all assessments, regular or special, which may be levied by the Association while such party or parties are unit owners of an apartment unit in the Condominium. In the event that any unit owner or owners are in default in any payment of assessment or installment thereof owed to the Association, such owner or owners of any apartment units shall be personally liable, jointly and severally, for late charges due on such delinquent assessment or installments thereof as above provided, and for all costs of installments thereof as above provided, and for all costs of collecting such assessment or installment thereof and late charges thereon, including a reasonable attorney's fee, whether suit be brought or not. K. No unit owner of any apartment unit may exempt himself from liability for any assessment levied against such unit owner and his apartment unit by waiver of the use of enjoyment of any of the common elements, or limited common elements, or any service or services furnished to same and/or to the apartment units, or by abandonment of the apartment unit, or in any other manner. L. Recognizing that the necessity for providing proper operation and management of the Condominium entails the continuing payment of costs and expenses therefor, which results in benefits to all of the unit owners of apartment units, and that the payment of such common expense represented by the assessments levied and collected by the Association is necessary in order to preserve and protect the investment of the unit owners of each apartment unit, the Association is hereby granted a lien upon such apartment unit and its appurtenant undivided interest in the common elements, and, if applicable upon an exclusive right to use an area constitutuing limited common el.ements which may be in appurtenance to any said apartment unit, which lien shall secure and does secure the monies due for all assessments now or hereafter levied against the unit owner of each apartment unit,- which lien shall also secure late charges, if any, which may be due on the amount of any delinquent assessments owing to the Association, and which lien shall also secure all costs and expenses, including reasonable attorney's fees, which may be incurred by the Association in enforcing this lien upon said apartment unit and its appurtenant undivided interest in the common elements and limited common elements. The lien granted to the Association may be foreclosed in the same manner as real estate mortgages may be foreclosed in the State of Florida and any suit for the foreclosure of said lien, the Association shall be entitled to rental from the owner of any apartment unit from the date on which the payment of any assessment or installment thereof became delinquent and shall be entitled to the appointment of a receiver for said apartment unit, without notice to the unit owner of such apartment unit. The rental required to be paid shall be equal to the rental charge on comparable types of apartment units in St. Lucie County,Fla. The lien granted to the Association shall further secure such advances for taxes, and payments on account or of superior mortgages, liens or encumbrances which may be required to be advanced by the Association in order to preserve and protect its lien, and the Association shall further be entitled to interest at the rate of fifteen (15$) percent pPr annum on any such advances made for such purpose. All persons firms or corporations which shall acquire, by whatever means, any ' 2 3' 8^~K ~~ PAGE ~~~