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AgdaPkt 2012-03-19
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AgdaPkt 2012-03-19
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Last modified
3/20/2012 2:54:48 PM
Creation date
3/15/2012 5:34:10 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Special
Agency Type
City Council
Date
3/19/2012
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6.1. B. - Page 56 <br />3.2. Membership: The Owner of a Condominium shall automatically, upon becoming the <br />Owner of the Condominium, be a Member of the Association, and shall remain a Member of the <br />Association until such time as the ownership ceases for any reason, at which time the membership <br />in the Association shall automatically cease. Membership shall be held in accordance with the <br />Articles and Bylaws. <br />3.3. Transferred Membership: Membership in the Association shall not be transferred, <br />encumbered, pledged, or alienated in any way, except upon the sale or encumbrance of the <br />Condominium to which it is appurtenant, and then only to the purchaser, in the case of a sale, or <br />Mortgagee, in the case of an encumbrance of such Condominium. On any transfer of title to an <br />Owner's Condominium, including a transfer on the death of an Owner, membership passes <br />automatically with title to the transferee. A Mortgagee does not have membership rights until it <br />obtains title to the Condominium by Foreclosure or deed in lieu of Foreclosure. Any attempt to make <br />a prohibited transfer is void. No Member may resign his or her membership. On notice of a transfer, <br />the Association shall record the transfer on its books. <br />3.4. Membership and Voting Rights: Membership and voting rights shall be as set forth <br />in the Bylaws. <br />ARTICLE IV. ASSESSMENTS; LIENS AND FORECLOSURE <br />4.1. Creation of the Lien and Personal Obligation of Assessments: The Declarant, <br />for each Condominium within the Project, hereby covenants, and each Owner of any Condominium <br />by acceptance of a deed for that Condominium, whether or not it shall be so expressed in such <br />deed, covenants and agrees: <br />(1) to pay Regular Assessments, Special Assessments and <br />Reimbursement Charges to the Association as established in this Declaration, and <br />(2) to allow the Association to enforce any Assessment Lien established <br />under this Declaration by non- judicial proceedings under a power of sale or by any other means <br />authorized by law. <br />The Regular and Special Assessments, including Reimbursement Charges, as permitted <br />under Section 4.9, together with interest, late charges, collection costs and reasonable attorneys' <br />fees, shall be a charge on the Condominium and shall be a continuing Assessment Lien upon the <br />Condominium against which each such Assessment is made, the Assessment Lien to become <br />effective upon recordation of a Notice of Delinquent Assessment. Each Assessment, together with <br />interest, late charges, collection costs, and reasonable attorneys' fees, shall also be the personal <br />obligation of the person who was the Owner of such Condominium at the time when the <br />Assessment fell due. The personal obligation for delinquent Assessments shall not pass to his <br />successors in title unless expressly assumed by them. No Owner shall be exempt from liability for <br />payment of Assessments by waiver of the use or enjoyment of any of the Common Areas or by the <br />abandonment of the Owner's Condominium. <br />The interest of any Owner in the amounts paid pursuant to any Assessment upon the <br />transfer of ownership shall pass to the new Owner. Upon the termination of these covenants for any <br />reason, any amounts remaining from the collection of such Assessments after paying all amounts <br />properly charged against such Assessments shall be distributed to the then Owners on the same <br />pro rata basis on which the Assessments were collected. <br />12 <br />03/06/12 <br />TAWPWIN601PROJECTS033 MAIN STREETOEC - DRAFTING FORM[7][03 06 12].doc <br />
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