DECLARATION OF COVENANTS OF WATERFORD SUBDIVISION
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Section 9 - Assessments
- 9.01 Liens. Each Lot Owner, by accepting a deed to any Lot in
the Property from Declarant, whether or not it shall be so expressed in such deed, agrees
to pay to the Association an annual assessment for reasonable charges incurred in
connection with the enforcement of any of the terms and conditions hereof and assessments
for the costs of exterior maintenance as described in Section 5 and other features to
protect health, safety and welfare of the owners. The Association may impose a lien on
each Lot for any unpaid assessments with respect to that Lot together with interest, costs
and reasonable attorneys' fees The lien is effective from and after recording a Claim of
Lien in the Public Records of Broward County, Florida stating the description of the Lot
or Lots, the name of the record Lot Owner, the amount due and the due dates of the unpaid
assessments. The lien is in effect until all sums secured by it have been fully paid. The
claim of Lien includes only assessments which are due when the Claim is recorded and must
be signed and acknowledged by an officer or authorized agent of the Association and shall
include a statement that a copy of the Claim of Lien has been forwarded by certified mail,
return receipt requested to the Lot Owner.
- 9.02 Purpose. The assessments levied by the Association shall be
used exclusively for the purposes of promoting the recreation health, safety and we1fare
of the residents and Lot Owners of the Property and for the improvement and maintenance of
the Common Easements.
- 9.03 Uniform Rate of Assessment. Both annual and special
assessments must be fixed at a uniform rate for all Lots in the Property. Exterior
maintenance assessments as provided in Section 5 thereof and assessments for charges
incurred in connection with the enforcernent of any of the terms and conditions hereof,
may be assessed against one or more. Lots as determined by the Association.
- 9.04 Due Date of Assessments. The due date of any assessment
shall be fixed in this resolution authorizing such assessment, and any such assessment
shall be payable, in advance, in monthly, quarterly, semi-annual or annual installments,
as determined by the Association.
- 9.05 Amount and Basis of Anual Assessment. Not less than thirty
(30) days prior to the commencement of each fiscal year the directors of the Association
shall estimate the costs expenses, including a reasonable provision for contingencies and
for a reserve for capital replacements, to be incurred by the Association during such
fiscal year in the performance of the duties of and exercise of the powers of the
Association. This account shall then be divided by the total number of Lots within the
Property to determine the assessment due with respect to each Lot. Written notice of the
annual assessment shall be sent to every Lot Owner subject thereto. During the calendar
year 1986 the total annual assessment with respect to any Lot shall not exceed Sixty
($60.00) Dollars per Lot.
- 9.06 Additional Assessments. If the annual assessment estimated
at the commencement of any fiscal year shall, for any reason, prove to be insufficient to
cover the actual expenses incurred by the Association during such fiscal year the
Association shall, at any time it deems necessary and proper, levy an additional
assessment against the Lot Owners. Each Lot Owner shall pay a share of such additional
assessment determined in accordance with subparagraph A. above, as if the additional
assessment were an annual assessment.
- 9.07 Certificate. The Association shall, upon demand, furnish to
any Lot Owner a certificate in writing signed by an officer of the Association setting
forth whether the assessments with respect to that Owner's Lot have been paid, and, if not
paid, the amount due. Such certificate shall be conclusive evidence of payment of
assessments therein stated to have been paid.
- 9.08 Effect of Non-Payment of Assessments. If any assessment is
not paid on the date when due, such assessment shall then become delinquent and shall,
together with interest from the due date at the maximum rate permitted by law and the
costs of collection thereof, become a lien on the Lot or Lots against which such
assessment is made upon recording a claim of lien, which shall bind such Lot or Lots in
the hands of the Lot Owner, his heirs, devisees, assigns personal representatives, and If
any assessment remains delinquent for thirty (30) days after recording a claim of lien,
the Association may, at any time thereafter, bring an action to foreclose the lien against
the Lots or Lots in like manner as a foreclosure of a mortgage on real property, for all
delinquent assessments assessed against such Lot or Lots, together with the costs,
expenses and reason-able attorneys' tees, for bringing such action and any appeal thereof
or post judgment proceedings with respect thereto.
- 9.09 Subordination of the Lien to Mortgage. The lien of the
assessments provided in this Section and any other Section in this Declaration is
subordinate to the lien of any first mortgage to an Institutional Lender which now
encumbers or at any time such subordination hereafter encumbers any Lot or Lots. Shall
apply only to the assessments which have become due and payable prior to the date of a
Certificate of Title issued pursuant to a sale ordered by a decree of foreclosure, or
prior to the date of a transfer in lieu of foreclosure. No such sale or transfer shall
relieve any Lot from liability for any fees, dues, charges or assessments thereafter
becoming due, or from the lien of any subsequent assessments.
- 9.10 Exempt Property. Declarant and the Association shall have
the right but not the obligation to exempt any property subject to this Declaration from
the assessments, charge and lien created herein, provided that such exempt property is
used, and so long as it is used for any easement or other interest dedicated for community
use and accepted by the Association, dedicated for public use and accepted by the
appropriate governmental authority.
Purpose and Definitions
Jurisdiction
Architectural and Construction Restrictions
Use Restrictions
Exterior Maintenance
Common Easements
Lake Parcels and Park Parcel
The Association
Assessments
Enforcement
Duration and Amendments
Severability
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© 1997 Pete LaMoia