Agmt02 Maria La Rocca Estates - Laserfiche WebLink

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Section 6 Enforcement: Each Owner of Lot, upon becoming such Owner, shall be deemed to covenant a~d agree to pay to the Association every assessment provided fol-_ in this Declaration and shall be deemed to agree to the enforc~ert of all such assessments in the manner specified herein. Any im~.osition of a late charge levied by the Association for the delinquent payment of regular and special assessments to defray expel ses and ~enforcement" assessments or penalties imposed Upon ~n Owner for failure to comply with this Declaration, the By-laws, or Rules, shall be subject to the provisions of the Califo~nia Civil Code Sections 1366-67. In the event an attorney is e~)loyed for collection of any assessment or to enforce compliance with the terms and conditions of this Declaration, each )t Owner agrees to pay reasonable attorneys' fees and any otheb c~sts thereby incurred, in addition to any other amounts due or any other relief or remedy to which the Association is entitled. Any ~ssessment not paid when due will be deemed to be delinquent. An~ a~ sessment not paid within thirty (30) days after the date on ~hi~ ~h it becomes due shall thereafter earn interest from the d~te of delinquency at the maximum rate pez-~ttedby Civil Code Secti¢.n 1366(c)3. In addition to any other remedies herein or by law ~r,)vided, the Association, or its representative, may enforce the o])ligations of the Owners to pay the assessments provided for in lhis Declaration, in any manner provided by law or in equity, b~ either or both of the following procedures. Subsection 6.1 Enforcement by SuJ.t: The Association may con, hence and maintain a suit at law ~ Gainst any Lot Owner or Owners personally obligated to pay assessm~ nts for such delinquent assessments and such suit will be mainta~ ned in the name of the Association. Any judgment rendered in any such action shall include the amount of the delinquency, together with interest thereon, costs of collection, court costs a~d reasonable attorneys' fees in such amount as the court may adjudg,~ against the delinquent Lot Owner. Suit to recover judgment for ~paid assessments shall be maintainable without foreclosing or wai.vinG the lien provided for in the following Subsection. The Asso:iation may not recover more than once in connection with a single delinquent assessment. Subsection 6.2 Enforcement by Lie.~: The amount of any assessment levied pursuant to this Declaral:ion, plus any costs of collection, late charges, and interest thermion, shall be a lien on an owner's Lot from and after the time the Association causes a Notice of DelinquentAssessment, containing the name and address of the trustee for foreclosure of the lien and signed by the Board or its designated representative (or any Lot O,,ner if the Board fails or refuses to act), to be recorded in the ~ffice of the San Mateo 22