04 - Staff Report - Conditional Use Permit Wilderness Resort Villas

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Section S. Notice and Quorum For Any Action Authorized Under Section 3 and 4. Written notice of any Association meeting called for the purpose of taking any action authorized under Sections 3 or 4 shall be sent to all Members not less than thirty(30)nor more than sixty(60)days in advance of the meeting. At the first meeting called, as provided in Sections 3 or 4 hereof, the presence of Members or of proxies entitled to cast two-thirds (2/3) of all votes of each class of membership, whose voting rights have not been suspended, shall constitute a quorum. If the required quorum is not present, another meeting may be called, subject to the same notice requirements, and the required quorum at such subsequent meeting shall be one-half(1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. Commencement of Assessments. The first annual general assessments and exterior maintenance assessments provided for herein and as per Paragraph(b), Section 4, of Article V, shall commence as to all Lots subject thereto on the first day of the mouth following the conveyance of the Common Area to the Association. The amount of the first year's total assessment upon a Lot shall be prorated according to the number of months left in the year ism the time the assessment commences as to such Lot. Special assessments shall commence on the date prescn'bed for such commencement by the Board of Directors, pursuant to Section 7 hereof Section 7. Duties of the Board of Directors. The bard of Directors of the Association shall fix the amount of the assessment against each Lot affected#hereby for each assessment period at least thirty (30) days in advance of such date or-Period and slat at that time prepare a roster of the properties and assessments applicable thereto,rich s -fie kept in the office of the Association and shall be sent to every Owner subject thweto, pr ided, however, that the failure to send such written, notice shall not render any such as0gsment inval , The Association shall, upon r a reasonable charge, furnish a certificate in writing signed by an offiW.of the Aociation setting forth whether all assessments on a given Lot have been paid. Such cdffil' shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect[Non-PUment of Assessment: Remedies of Association. (a) If any assessment provided for herein is not paid on the date when due, then such assessment shall become delinquent and shall, together with such interest thereon and costs of collection thereof, as hereinafter provided, thereupon become a continuing lien on such Lot or Lots which shall be enforceable in the manner hereinafter set forth. Such lien shall run in favor of the Association and shall be superior to all other liens and encumbrances on such Lot except for the following: (i) Liens for general real estate taxes and special assessments levied by any governmental authority; and (ii) The lien of any first mortgage as provided in Section 9 hereof. (b) All other lienors acquiring liens on any Lot after this Declaration shall have been filed or recorded and whose liens shall also have been filed or recorded, shall be deemed to consent that 10