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Article 3 - Imposition of Charge and Lien Upon the Property

¶3.01 Establishment of Lien
¶3.02 Personal Liability for Assessment
¶3.03 Alteration of Improvements Subject to Charges

3.01 Establishment of Lien: The Annual Charge, both prior to and after each yearly assessment, together with the continuing obligation to pay all future Annual Charges assessed in all future years and all installments thereof, shall be and remain a first charge against, and a continuing first lien upon, (i) the Assessable Property, and (ii) all Exempt Property to the extent that any change of ownership or use may result in any portion of the same becoming Assessable Property, which shall bind such property in the hands of the then Owner, his or its heirs, executors, administrators, successors and assigns, and said charge and lien shall be superior to any and all other charges, liens or encumbrances which may hereafter in any manner arise or be imposed upon the Assessable Property (or the Exempt Property to the extent that the same may later become Assessable Property) whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage or other instrument, saving and excepting only such liens for taxes or other public charges as are by applicable law made superior thereto, and any mortgage liens which enjoy priority over the lien for assessments, pursuant to Article 14 below.

3.02 Personal Liability for Assessment: In addition to taking subject to the charge and lien imposed by ¶3.01 hereof, each Owner of each Assessable Unit by the acceptance of a deed or other instrument of conveyance therefore, whether or not it shall be so expressed in such deed or instrument of conveyance, and every other Owner, regardless of how he or it acquired title to an Assessable Unit, shall be deemed to have agreed to be personally liable for the payment of each Annual Charge assessed by the Association against such Assessable Unit in each year during any part of which such Owner holds title to such Assessable Unit.

3.03 Alteration of Improvements Subject to Charges: Nothing contained in Article 2 or this Article 3 shall prevent any Owner from changing, altering or destroying any Improvement owned by him if the Annual Charge imposed hereunder or any installment due with respect thereto (i) have been paid for the year in which such charge, alteration or destruction takes place or (ii) the Annual Charge with respect to the improvement in question has been paid for all years preceding such change, alteration or destruction and a bill for the Annual Charge for the then current year of first installment thereof has not been sent by the Association under ¶2.02 hereof prior to such change, alteration or destruction.

Note: the Declaration has been retyped for readability purposes only. View a PDF of the entire Declaration (Warranty Deed) or the original signature page.
Declaration Table of Contents
Declaration Introduction
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17