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DSCC-57520\2494968.2 15 September 17, 2021 <br />transfer of title to a Condominium automatically transfers the membership interest to the transferee. The <br />Declarants are Members as long as they own a Condominium in the Development. <br />5.2 Powers of the Association. The Association shall have all the powers of an unincorporated <br />association subject only to such limitations on the exercise of these powers as are set forth in the Governing <br />Documents. The Association shall have the power to do any lawful thing that may be authorized, required <br />or permitted to be done by the Association under the Governing Documents and to do and perform any act <br />that may be necessary or proper for or incidental to the exercise of any of the express powers of the <br />Association, including, without limitation, each of the following: <br />5.2.1 Levying Assessments. The Association shall establish, fix and levy assessments <br />against the Condominiums and collect and enforce payment of such assessments in accordance with the <br />provisions of Article 6 of this Declaration. <br />5.2.2 Imposing Disciplinary Action. In addition to any other enforcement rights described <br />in this Declaration and the Bylaws or as may be authorized by Applicable Laws and subject to the due <br />process requirements imposed by this Declaration, the Bylaws or by Applicable Laws, the Association may <br />take any of the following actions against any Person whose act or failure to act violates or threatens to <br />violate any provisions of the Governing Documents: (a) impose monetary penalties, including late charges <br />and interest; and (b) commence any legal or equitable action for damages, injunctive relief or both. Any <br />legal action may be brought in the name of the Association on its own behalf and on behalf of any Owner <br />who consents and, except as otherwise provided herein, the prevailing party in such action shall be entitled <br />to recover costs and reasonable attorneys’ fees. <br />5.2.3 Delegating Duties. Except as may be limited by the Bylaws, the Association may <br />delegate any of the Association’s powers and duties to its employees, committees or agents, including a <br />professional management agent. <br />5.2.4 Implementing Special Fees. The Association may implement reasonable and <br />customary special fees to reimburse the Association for special costs incurred as a result of actions taken <br />by Owners. Fees not paid in a timely manner may be collected through a reimbursement assessment <br />levied against the Owner’s Condominium. <br />5.3 Duties of the Association. In addition to the duties described in the Articles or Bylaws, or <br />elsewhere in this Declaration, the Association shall have the duty to manage the Common Area;perform <br />the maintenance as described in Section 4.2; prepare and distribute financial statements, reports and the <br />other documents and notices required by Applicable Laws. The Association shall perform such other acts <br />as may be reasonably necessary to exercise its powers to perform its duties under any of the provisions of <br />the Governing Documents. <br />5.4 Taxes and Assessments. The Association shall pay all real and personal property taxes <br />and assessments and all other taxes levied against the Association, the Common Area or the personal <br />property owned by the Association. Such taxes and assessments may be contested or compromised by <br />the Association, provided that they are paid or that a bond insuring payment is posted before the sale or <br />the disposition of any property to satisfy the payment of such taxes. To the extent any Owner is eligible for <br />a property tax abatement, the Association shall take reasonable steps as requested by said Owner to assist <br />in obtaining such property tax abatement, provided that the steps result in no material costs to the <br />Association. <br />Until such time as real property taxes against the Development are segregated so that real property <br />taxes are assessed against each Condominium (in addition to any supplemental tax assessments levied <br />against any Condominium), the non-segregated tax amount shall be allocated among the Condominiums <br />in the same manner that regular assessments are allocated as described in Section 6.8, provided that, to <br />the extent any Owner receives an abatement of property taxes, said Owner will be allocated one hundred <br />percent (100%) of the abatement. The Association shall take all appropriate steps to collect each <br />Condominium’s allocable share so that the non-segregated taxes may be paid in a timely and proper