ARTICLE X
Assessments
Section 1. Assessment
Obligations. Each Member of the Association, in accordance with Article V, Section
1(b), (d) and (g) thereof, shall pay dues and assessments as promulgated by the
Association against the properties and Owners thereof.
These dues and assessments shall be levied by the Association for collection
against each property and the Owner thereof to pay the cost of administration and
maintenance, replacement and repair of the Common Areas and Community Recreational
Facilities, and to pay the expenses of administering and maintaining the Association and
all of its real and personal property, and other costs and expenses incurred by the
Association in achieving and furthering its purpose.
Section 2. Payment
of Assessments. Payment by the
Members of the assessments levied by the Association shall be made on or before the date
fixed by resolution of the Board. Written
notice of the assessment and the date of payment shall be sent to the Owner of each
property at the address last given by such Owner to the Association. Members may not
exempt themselves from their share of such expenses by waiver of the use or enjoyment of
the Common Areas and/or the Community Recreational Facilities of the Association or by
abandonment of the property owned by them.
Section 3. Annual
Dues and Assessments. Annual dues and
assessments may be adjusted or increased by the Board of Directors to meet increased
operating or maintenance costs, in accordance with Article V, Section 1, paragraph (d)
thereof, upon approval by a majority of the valid votes cast by the Voting Members present
at any annual or special meeting of the Members.
Section 4. Special
Assessments. Special assessments may
be levied and collected by the Board of Directors for capital improvements or other
non-recurring expenditures, in accordance with Article V, Section 1, paragraph (d)
thereof, upon approval by a majority of the valid votes cast by the Voting Members present
at any annual or special meeting of the Members.
Section 5. Other Assessments. Other assessments against a property or Owner
thereof will include only those ordinary and necessary to the services applied to a
property or Owner thereof.
Section 6. Unpaid
Assessments. All assessments charged
to a property or Owner thereof shall constitute a lien against the said property and a
personal obligation of the Owner thereof in favor of and running to Emerald Lakes
Association, Inc. which lien shall have that priority fixed by the laws of the
Commonwealth of Pennsylvania. Such lien shall
be effective from and after the time of recording in the public records of Monroe County
of a claim of lien stating the description of the lot, the name of the record Owner, the
amount due, and the date when due. Such claim
of lien shall include only sums which are due and payable when the claim of lien is
recorded and shall be signed and verified by an Officer or agent of the Association. Upon fully payment of all sums secured by the lien
and a preparation fee, the party making payments shall be entitled to a recordable
satisfaction of lien to be recorded at his sole expense.
The title acquired by any purchaser shall be subject to all of the provisions of
this instrument, the By-Laws and rules and regulations of the Association, and by so
acquiring title to the property, said purchaser covenants and agrees to abide and be bound
thereby.
Section 7. Voluntary
Conveyance. Upon any voluntary
conveyance of a property, the Grantor and Grantee of such property shall be jointly and severally liable for all
unpaid assessments pertaining to such property made by the Association or accrued up to
date of such conveyance, without prejudice to the right of the Grantee to recover from the Grantor any amounts paid by the Grantee,
but the Grantee shall be exclusively liable for those accruing while Grantee is the
property Owner. Any property Owner or any
purchaser of a property prior to completion of a voluntary sale, may require from the
Association a certificate, showing the amount of unpaid assessments pertaining to such
certificate within ten (10) days after request therefor. The holder of a mortgage or other lien on any
property may request a similar certificate with respect to such property. Any person other than the Property Owner at the
time of issuance of any such certificate who relies upon such certificate, shall be
entitled to rely thereon and such persons liability shall be limited to the amounts
set forth in such certificate.