7.1 Creation of Lien and Personal Obligation of Assessments The Declarant, for each Lot owned by it within the Property, hereby covenants and each Owner of any Lot by acceptance of a deed or document of purchaser therefore, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association (1) annual assessments or charges, (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided The annual and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each such assessment is made Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person or entity who was the Owner of the Lot at the time when the assessment fell due.
7.2 Purpose of Assessments The assessments levied by the Association shall be used exclusively for the purpose of the recreation, health, safety and welfare of the residents in the Property and in particular for the improvements and maintenance of the Development, the services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement and additions thereto, and for the cost of labor, equipment, materials, management and supervision thereof Specific purposes include, but are not limited to-
7.2.1 The care, maintenance and replacement of the entrance sign(s)
7.2.2 The care, maintenance and improvement of the Common Areas
7.2.3 The operation and maintenance of the street lighting system
7.3 Annual Assessment Beginning with January 1, 2002, the annual assessment shall be Fifty, Dollars ($50 00) per vacant Lot and One Hundred Dollars ($100 00) per Lot containing a residential unit or residential unit under construction From and after January I, 2003, the annual assessment may be increased annually by a majority vote of the Members The Board may, without the consent of the Members, after consideration of current maintenance costs and future needs of the Association, reduce the actual assessment for any year to a lesser amount.
7.4 Special Assessments for Capital Improvements In addition to the annual assessments authorized by Section 7 3 hereof, the Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, provided, however, that any such assessment shall have the assent of two-thirds (2/3) of the votes of the Members who are voting in person or by proxy at a meeting duly called for this purpose The due date of any special assessment under this Section 7 4 shall be fixed in the resolution authorizing the special assessment.
7.5 Duties of the Board The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each Lot for each assessment period at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the Lots and assessments applicable thereto, which shall be kept in the office of the Association and shall be open to inspection by any Owner.
Written notice of the assessments shall thereupon be sent to every Owner subject thereto.
The Association shall, upon demand at any time, furnish to any Owner liable for an assessment a certificate in writing, signed by an officer of the Association, setting forth whether the assessment has been paid Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.
7.6 Effect of Non-Payment of Assessment; the Person Obligation of the Owner; the Lien; Remedies of Association If any assessment(s) is not paid on the date when due (being the date specified in Section 7.5 hereof, then such assessment(s) shall become delinquent and shall, together with such interest thereon and cost of collection as hereinafter provided, become a continuing lien on the Lot, which shall bind such Lot in the hands of the then Owner, his heirs, devisees, personal representatives and assigns The personal obligation of the Owner to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his successor in title, unless expressly assumed by the successor.
If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or to foreclose the lien against the Lot, and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action and, in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and a reasonable attorney's fee to be fixed by the court, together with the costs of the action.
7.7 Subordination of the Lien to First Mortgages The lien of the assessments provided for herein shall be subordinate to the lien of any First Mortgage now or hereafter placed upon the Lot subject to assessment, provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such Lot pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment.
7.8 Lender's Authorization First Mortgages are authorized to inspect the Association's books and records, receive copies of any audit and budgets, and receive notices of meetings and attend meetings, if desired.
7.9 Exempt Property The following property subject to this Declaration shall be exempted from the assessments, charges and liens created herein (a) all properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use, (b) all Common Areas, and (c) all properties exempted from taxation by the laws of the State of Washington, upon the terms and to the extent of such legal exemption.
7.10 Liability and Maintenance for Common Areas The Association shall pay the real estate taxes, if assessed, and provide for maintenance of all Common Areas and shall enforce all rules and regulations established for use of those Common Areas Additionally, the Association shall provide adequate liability insurance coverage to protect the Association from liability based upon the use of the Common Areas.
7.11 Recovery of Attorneys' Fees and Costs In any action to collect delinquent assessments, the prevailing party shall be entitled to recover, as part of its judgment, a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in connection with the action, in addition to taxable costs permitted by law.
7.12 Remedies Cumulative The remedies provided herein are cumulative and the Board may pursue them, and any other remedies, which may be available under law although not expressed herein, either concurrently or in any order.
7.13 No Avoidance of Assessments No Owner may avoid or escape liability for assessments provided for herein by abandoning his Lot.