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3(c) Conditional Use Permit "The Range" Resort Development LLC/Premier Homes
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04-18-2019 Planning & Zoning Commisison Meeting
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3(c) Conditional Use Permit "The Range" Resort Development LLC/Premier Homes
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Units for the purpose of defraying in whole or in part(i)the cost of any unforeseen or non- <br /> budgeted Common Expense, (ii)general or specific reserves for maintenance, repair or <br /> replacement,and (iii)the maintenance, repair or replacement of any part of the Property,and <br /> any fixtures or other property related thereto. Notwithstanding the foregoing,any special <br /> assessment shall be subject to approval by the vote of a majority of those Owners voting, in <br /> person or by proxy,at a meefing called for that purpose. Written notice of the meefing shall be <br /> sent to all Owners not less than 21 days, nor more than 30 days in advance of the meefing. <br /> 6.4 Capital Improvement Fund. The Association shall establish a capital <br /> improvement fund to meet expenditures for improvements to the Common Elements as <br /> approved by the Associafion. The funds shall be deposited into the Associafion's account,and <br /> Declarant may not use the funds to defray any of its expenses,reserve contributions,or to make <br /> up any budget deficit while Declarant is in control of the Association. <br /> 6.5 Liability of Owners for Assessment. The obligafions of an Owner to pay <br /> assessments shall commence at the later of(i)the recording of the Declarafion or amendment <br /> thereto which creates the Owner's Unit,or(ii)the time at which the Owner acquires title to the <br /> Unit,subject to the alternafive assessment program described in Section 6.7. The Owner at the <br /> fime an assessment is payable with respect to the Unit shall be personally liable for the share of <br /> the Common Expenses assessed against such Unit. Such liability shall be joint and several <br /> against each Owner if there are multiple Owners of the Unit. The liability is absolute and <br /> unconditional. No Owner is exempt from liability for payment of his or her share of Common <br /> Expenses by right of set-off,by waiver of use or enjoyment of any part of the Property,by <br /> absence from or abandonment of the Unit, by the waiver of any rights,or by reason of any claim <br /> against the Associafion or its officers,directors or agents,or for their failure to fulfill any duties <br /> under the Governing Documents or the Act. The Association may invoke the charges,sanctions <br /> and remedies set forth in Section 14,in addifion to any remedies provided elsewhere in the <br /> Governing Documents or by law,for the purpose of enforcing its rights hereunder. <br /> 6.6 DeclaranYs Alternative Assessment Program. Notwithstanding anything to the <br /> contrary in this Section 6,if a Common Expense assessment has been levied,any Unit owned by <br /> Declarant for initial sale shall be assessed at the rate of 25%of the assessment levied on other <br /> Units of the same type until a Certificate of Occupancy has been issued with respect to such Unit <br /> or the Unit is otherwise legally inhabitable. This reduced assessment shall apply to each Unit <br /> owned by Declarant at the fime that the Unit is crated,and shall continue until the issuance of <br /> the Certificate of Occupancy as previously described. There are no assurances that this <br /> alternative,assessment program will have no effect on the level of services for items set forth in <br /> the Associafion's Budget. There shall be no assessment on lots on which no Living Unit has yet <br /> be constructed. <br /> 6.7 Assessment Lien. The Associafion has a lien on a Unit for any assessment levied <br /> against that Unit from the time the assessment becomes due. If an assessment is payable in <br /> installments,the full amount of the assessment is a lien from the time the�irst installment <br /> thereof becomes due. Fees,charges, late charges,fines and interest charges imposed by the <br /> Association pursuant to Section 515.B3-102(a)(10), (11)and(12)of the Act are liens,and are <br /> enforceable as assessments, under this Section. Recording of the Declaration constitutes record <br /> notice and perFection of any lien under this Section,and no further recordaiion of any notice of <br /> or claim for the lien is required. <br /> 11 <br />
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