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d. If any damage to the Common Elements or another Lot is caused by the <br /> act or omission of an Owner, Occupant, or their guests, including both <br /> Intentional and negligent actions, the Association may assess the costs of <br /> repairing the damage exclusively against the Lot Owner and the Owner's <br /> Lot. <br /> e. If any installment of an assessment becomes more than ten (10) days <br /> past due, the Association may, upon five (5) days written notice to the <br /> Owner, declare the entire amount of the assessments immediately due <br /> and payable in full. <br /> i <br /> 6.3 Sp9cial Assessments. In addition to annual assessments, the Board may <br /> levy special assessments against all Lots for the purpose of defraying the costs of the <br /> following: (i) any unforeseen or unbudgeted Common Expense, (ii) any reserves for <br /> maintenance, repair or replacement, and (iii)the maintenance, repair or replacement of <br /> any part of Common Elements. Before levying a special assessment, the Board must <br /> obtain the approval of a majority of the Lot Owners. Assessments under Section 6.2 <br /> are not considered special assessments and do not require the Owner's approval. <br /> 6.4 Developer's Alternative Assessment Program. Notwithstanding anything <br /> to the contrary in this Section, no Lot owned by Developer shall be subject to any <br /> assessment whatsoever until such time as the Dwelling constructed on the Lot is sold <br /> or occupied as a residence. <br /> 6.5 Liability of Owners for Assessments. The Owner at the time an <br /> assessment is payable with respect to the Lot shall be personally liable for the share of <br /> the Common Expenses assessed against such Lot. Liability will be joint and several for <br /> Lots with multiple Owners. Liability is absolute and unconditional. No Owner is exempt <br /> from liability for payment of the Owner's share of Common Expenses by right of set-off, <br /> by waiver of use or enjoyment of any part of the Development, by absence from or <br /> abandonment of the Lot, by waiver of any other rights, or by reason of any claim against <br /> the Association or its officers, directors or agents. Upon the purchase of a Lot the buyer <br /> must pay the Association a pro rata share of the any annual assessment. The <br /> Association may invoke the charges, sanctions and remedies set forth in the Governing <br /> Documents or by law to enforce its rights under this Declaration. <br /> 6.6 Liability of Buyers for Assessments. In a voluntary conveyance, unless the <br /> buyer agrees, the buyer will not be personally liable for any Association assessments or <br /> other charges made against the seller or the seller's Lot before conveyance to the <br /> buyer. However, the lien of such assessments will remain against the Lot until satisfied. <br /> 6.7 Statement of Assessments Available. Any Lot Owner or buyer will be <br /> entitled to a statement from the Association stating the amount of any unpaid <br /> assessments levied against the Owner's Lot. <br /> Meptenbei 5, 2006;02006 09 31 <br /> F:\MTA\19936\001\DeC&Mtion.%W Ct9 10 <br />