01288 (2)i
.
For doing any other thing necessary or des'r.eablU L in ^the opinion of tie
Bo�arc�-oY��ll�rectors_of "Clic Association to keep the ro erC neat -and in good
order, and to eliminate fire hazards, or which in the _opinion of the Board f
Directors may be of general benefit to the owners or occupants of the land
included'in Shell Park.
Section 5'Effect of Nonpayment of Assessments: Remedies of the
Association. The Association shall have a lien on all the lots in Shell Palk
to secure the payment of maintenance charges due and to become due, and the
record owners of such lots shall be personally liable for,all maintenance
charges. "The Association may bring an action at law against the Owner
personally obligated to pay the same, including the cost of foreclosing the
lien against tile y e property, plus interest, costs and reasonable attorney
fees of any such action. No owner may waive or otherwise escape liability.
for the assessments provided for herein by non-use of the'Common Area or
abandonment of his Lot.
Upon demand, the Association shall furnish to any owner or mortgagee o
other interested person a certificate showing the unpaid maintenance charge
against any lot or lots.
The Association may, in.its discretion, subordinate in writing, for
limited periods of time, the liens of the Association against any lot or to s
for the benefit or better security of a mortgagee.
Section 6. Special Assessments for Capital Improvements. In additioi
to the annual assessments authorized above, the Association may levy in an;
assessment year, a special assessment applicable to that year only, for th,
purpose of defraying, in whole or in part, the cost.of any construction or
reconstruction, unexpected repair or replacement of a described capital
improvement upon,the Common Area, including the necessary fixtures and
personal property related thereto, provided that, any such assessment shal
have the assent of two-thirds (2/3) of the votes of the members who are
voting in person or by proxy at a meeting duly called for this purpose,
written notice of which shall be sent to all members not less that 30 days
nor more than 60 days in advance of the meeting setting for the purpose of
the meeting.
Section 7. Uniform Rate of Assessment. Both annual and special asse s-
ments must be fixed at a uniform rate for all lots and may be collected on a
monthly basis.
Section 8. Quorum For Any Action Authorized Under Section 6. A
the first meeting called, as provided in Section 6 hereof, the presence at
the meeting of members or of proxies entitled to cause sixty per cent (60%
of all the votes of the membership shall constitute a quorum.. If the required
quorum is not forthcoming at any meeting, another meeting may be called,
subject to the notice requirement set forth in Section 6 and the required
quorum at any such subsequent meeting shall be one-half (1/2) of the requi ed
quorum at the preceding meeting. No such subsequent meeting shall be held
more than sixty (60) days following the preceding meeting.
Section 9. Date of Commencement of _Annual Assessments: Due Dates.
The annual assessments provided for herein shall commence as to all Lots o
the first day of the month following the conveyance of the Common Area to
Association. The first annual assessment' shall be adjusted according Lo t
OFFICIAL
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RECORDS
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