Third Amendment to Declaration of 

Covenants, Conditions and Restrictions

 for Longwood Green


ARTICLE V - Covenant for Maintenance Assessment


5.01 Creation of the Lien and Personal Obligation of Assessments

The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) Annual assessments or charges, and (2) Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorney's fees shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.

5.02 Purpose of Assessments

The assessments levied by the Association shall be used exclusively to promote health, safety and welfare of the residents in the Properties and for the improvements and maintenance of the Common Area, and of the paving and-drainage\facilities situated within the Common Area and the homes situated on the Properties.

5.03 Maximum Annual Assessment

Until January 1, 1987, the maximum annual assessment shall be One Hundred and Forty-Four Dollars ($144.00) per Lot.

5.03.01 From and after January 1, 1987, the maximum annual assessment may be increased each year not more than three (3%) percent above the maximum assessment for the previous year without a vote of the membership.

5.03.02 From and after January 1, 1987, the maximum annual assessment may be increased above three (3%) percent by a vote of two-thirds (2/3) of the Members who are voting in person or by proxy, at a meeting duly called for this purpose.

5.03.03 The Board of Directors may fix the annual assessment at any amount not in excess of the maximum.

5.04 Special Assessment for Capital improvements

In addition to the annual assessments authorized above, the Association my 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, reconstruction, repair, or replacement of a capital improvement up the Common Area, including fixtures and personal property related thereto, provided 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.

5.05 Notice and Quorum for Any Action Authorized Under Sections 3 and 4

Written notice for any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to case sixty (60%) percent of all the votes of Membership shall constitute a quorum. If the required quorum is not present, another meeting shall be called subject to the same notice requirement, and the required quorum at the 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.

5.06 Uniform Rate of Assessment

Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.

5.07 Date of Commencement of Annual Assessments: Due Dates

The annual assessment provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for the reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed Certificate of the Association as to the status of assessment on a Lot is binding upon the Association as of the date of its issuance.

5.08 Effect of Nonpayment of Assessments: Remedies of the Association

Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of six (6%) percent per annum. The Association may bring action of law against the Owner personally obligated to pay the same, or foreclosure the lien against the property. In either event, the non-paying Owner shall pay for the cost of bringing the suit, including reasonable attorney’s fees therefore, if the Court shall so determine. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.

5.09 Subordination of the Lien to Mortgages

The line of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessments lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure, or any proceeding lien thereof, shall extinguish the lien of such assessment as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.