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26 <br />6557.03/12309 <br />or more the Condominiums in the Development) as attorney-in-fact of such Owner to execute and deliver <br />all documents and interests to accomplish the action, including, but not limited to, grant deeds, easements, <br />subdivision maps, and lot-line adjustments. Despite anything in this Declaration to the contrary, in no <br />event shall the Board or Declarant take any action authorized hereunder that would permanently and <br />unreasonably interfere with the use, occupancy, and enjoyment by any Owner of his or her Condominium <br />or any Exclusive Use Common Area or the use of any facilities located on the Common Area without the <br />prior written consent of that Owner. Furthermore, the conveyance of fee title to any portion of the <br />Common Area as authorized in this section (other than conveyances made as a part of lot-line <br />adjustments) shall require the consent of a majority of the total voting power of the Association other than <br />Declarant and such consent of the Mortgagees as may be required by Article 8 of this Declaration. <br /> <br /> <br />ARTICLE 4 <br /> <br />ASSESSMETS <br /> <br />Section 4.1 Creation of the Lien and Personal Obligation for Assessments. Declarant, for <br />each Condominium owned within the Development hereby covenants, and each Owner by acceptance of <br />a deed for each Condominium, whether or not it shall be so expressed in such deed, is deemed to <br />covenant and agrees to pay to the Association: (1) Annual Assessments and (2) Special Assessments, <br />such Assessments to be established and collected as hereinafter provided. The Annual Assessments and <br />Special Assessments, together with interest, costs and reasonable attorney’s fees, shall be charged to a <br />Condominium and shall be a continuing lien upon such Condominium, the lien to become effective upon <br />the recordation of a Notice of Delinquent Assessment. Each such Assessment, together with interest, <br />costs and a reasonable attorney’s fee, shall also be the personal obligation of the Owner of such <br />Condominium at the time such Assessment becomes due. Before the Association may place a lien upon a <br />Condominium pursuant to this section, to collect an obligation which is past due, the Association shall <br />notify the Owner in writing by certified mail of the fee and penalty procedures of the Association, provide <br />an itemized statement of the charges owed by the Owner, including items on the statement which indicate <br />the Assessments owed, any late charges and the method of calculation, any attorneys’ fees, and the <br />collection practices used by the Association, including the right of the Association to the reasonable costs <br />of collection. Any payments owed toward such a debt shall first be applied to the principal owed, and <br />only after the principal owed is paid in full shall such payments be applied to interest or collection <br />payments. The personal obligation for delinquent Assessments shall not pass to the Owner’s successors <br />in title unless expressly assumed in writing by them. No Owner may exempt himself from liability for his <br />contribution towards the Common Expenses by waiver of the use of enjoyment of the Common Area or <br />by the abandonment of his Unit. <br /> <br />Section 4.2 Purpose of Assessments. The Assessments levied by the Association shall be <br />used exclusively to promote the health, safety and welfare of all of the residents in the entire <br />Development, for the improvement and maintenance of the Common Area and for the common good of <br />the Development, including, without limitation, maintenance of the public access areas on the Property, <br />and other maintenance obligations of the Association described in Article 5 of this Declaration. Use of <br />Association funds for election or campaign purposes shall be limited as provided in Civil Code Section <br />5135. Assessments shall include, without limitation, contributions by the Association toward any <br />reciprocal easement agreement and/or shared use and maintenance agreement to which the Association is <br />a party or is otherwise obligated thereunder. <br /> <br />Section 4.3 Annual Assessments. Each Owner shall pay Assessments based upon the initial <br />Association operating budget submitted by Declarant and accepted by the BRE as a part of Declarant’s <br />application for a final subdivision public report (the “Association Budget”). Said budget shall be based <br />7.1.K. - Page 30