|
written notice to each Member as to the amount of the General Assessment with respect to each Lot on or
<br />before November 1 of each year for the calendar year commencing January 1 of the next yea-, and if no
<br />such notice is timely deli ered then General Assessments for the prior year shall remain in effect until
<br />further notice from the Board The General Assessment shall be due and payable in equal month])
<br />installments or on such other basis as the Board shall determine.
<br />6.3. Special Assessments. In addition to the General Assessments, the Board shall have the
<br />authority to levy Special Assessments to satisfy any actual or projected deficiency between the expenses of
<br />the Master Association and the amounts realized through General Assessments. If the aggregate Special
<br />Assessment for a fiscal year amounts to more than 15% of the budgeted General Assessment for that year,
<br />the written consent of holders of at least 50% of the voting power of the Master Association and the consent
<br />of the Declai ant, if applicable, shall also be required. Prior to the Conversion Date, the Board shall also
<br />have the authority to levy Spec'al Assessments for capital improvements or additions to the Common
<br />Maintenance Area or Improvements therein with the written consent of at least 50% of the voting power of
<br />the Master Association. Special Assessments shall be allocated in the manner described in Section 6.2.3.
<br />Special Assessments shall be payable as the Board may fiom time to time deteimme, within thirty (30) days
<br />after mailing notice thereof to the Members.
<br />6.4. Limited Assessments. The Master Association may levy against any Member a Limited
<br />Assessment (a) equal to the costs and expenses incurred by the Master Association, including legal fees,
<br />for corrective action performed pursuant to this Master Declaration that is required as a result of the willful
<br />or negligent actions or omissions of such Member or Member's agents, family members, tenants, guests,
<br />contractors, or invitees, (b) that equitably reflects use of or benefit from any Common Maintenance Area
<br />by a Member or a Member's agents, family members, tenants, guests, contractors, or invitees that is
<br />disproportionate to the percentage of the total General Assessments allocable to the Member (or, in the case
<br />of a Member who is a Sub -Association member; allocable to such Member by such Member's Sub -
<br />Association), as determined by the Board in its sole discretion, or (c) against each Member for cost and
<br />expense of performing the maintenance, repair restoration, replacement, and improvement activities
<br />described in Sections 4 1 and 5, if those costs apply to such Member's Lot or any Improvements located
<br />thereon, as determined by the Board in its sole discretion. The Master Association may begin to levy any
<br />Limited Assessments under this Section 6.4 prior to, upon, or following the levy of any General
<br />Assessment.
<br />7. PROPERTY RIGHTS
<br />7.1. Members' Use and Occupancy. Except as otherwise expressly provided n this Master
<br />Declaration or in the plat in which a Lot was platted or partitioned, the Owner of a Lot shall be entitled to
<br />the exclusive use and benefit of such Lot. Declarant and any representative of the Master Associat'on
<br />authorized by the Master Association may at any reasonable time, upon reasonable notice to the applicable
<br />Member, enter upon any Lot for the purpose of performing the maintenance, repair, restoration,
<br />replacement, and improvement activities described m Sections 4.1 and 5 with respect to any Common
<br />Maintenance Area, whether a part of or adjoining such Lot; and as necessary for purposes of Design Review
<br />under Section 10. No such entry shall be deemed to constitute a trespass or otherwise create any right of
<br />act on in favor of the applicable Member. Declarant until Conversion Date, or the Master Association
<br />thereafter, may grant or assign easements and dedications over, or with respect to, any Common Area to
<br />municipalities or other utilities providing utility services, to communication companies, and to individuals,
<br />groups, entities or the public for purposes consistent with use of a mixed use center Declarant until
<br />Conversion Date, or the Master Association thereafter, may partition off certain sidewalk areas and grant
<br />13
<br />4864-8276-8240, v. 14
<br />
|