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Increases in dues and the levy of special assessments in excess of $50.00
will be presented to the Association in writing and presented for approval
at the annual or any general meeting. Payment must be within sixty (60) days
after approval, and written notification, to avoid delinquency proceedings.
Any unpaid dues increases and/or special assessments may be collected by
the Board of Directors, on behalf of the Association upon terms, conditions,
and procedures herein set forth for unpaid annual dues or other charges.
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Approval requirements for dues increases and special assessment levies in
excess of $50.00 per twelve (12) month period per lake frontage property
shall be in accordance with Article II, Sections 3 through 5.
4. Power of the Association to Collect Charges and Impose Liens. The
Board of Directors shall have the power to collect dues, dues increases and
any special assessments levied against any lake frontage property owner or
lake frontage property if not paid when due.
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That annual dues and any levy of special assessments shall become a lien
upon the property of each property owner, and shall remain so until paid
in full, together with any interest, charges or costs. That if any dues,
special assessments or other charges become delinquent, said sum shall bear
interest calculated at 1.5% per month on the unpaid balance from the date
payment is due and unpaid, until paid in full.
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If such charges have remained due and payable for a period longer than ninety
(90) days from the date due, the Board of Directors, on behalf of the
Association, may institute legal proceedings to collect the amount so due
in any court of competent jurisdiction. That the owner of the lake frontage
property shall be liable to pay any collection expenses or costs, including
reasonable attorney fees incurred by the Association. That said collection
expenses or costs and reasonable attorney fees shall also become a lien on
the lake frontage property.
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Any person, or persons who assumes the title of a lake frontage property
for which dues, dues increases and/or special assessments are past due or
delinquent also assumes payment of any collection expenses or costs, including
reasonable attorney fees, incurred by the Association. Whether such ownership
shall be legal or equitable, and any other person who may acquire any interest
in such lake frontage property, whether as an owner or otherwise, is hereby
notified and by acquisition of such interest, agrees that any such liens
or charges which may be outstanding at the time of the acquisition of such
interest are valid liens and shall be paid by said owner. All who shall become
an owner of any lake frontage property is hereby notified that by the act
of acquiring such title shall be conclusively held to have covenanted to
pay the Association all balances that the Association deems unpaid and/or
delinquent.