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ARTICLE I: DEFINITIONS

ARTICLE II: MEMBERSHIP & VOTING RIGHTS

ARTICLE III: SERVICES

ARTICLE IV: ASSESSMENTS

Section 1. Creation of Lien and Obligation.
Each Lot Owner hereby covenants and agrees to pay to the Association all assessments to be fixed, established and collected from time to time as hereinafter provided. Such assessments, together with interest and costs of collection as herein provided, shall be a charge on the land and shall constitute a lien upon the Lot against which such assessment is made. Undeveloped Lots owned by the Declarant or its successors shall be subject to assessment at a rate as hereinafter defined. Such lien shall be deemed perfected upon filing with the County Clerk and Recorder of Ravalli County as an account of the assessments due together with a correct description of the property to be charged with such lien, and it shall continue until all unpaid assessments, interest and costs of collection shall have been fully paid. The priority of such lien shall be determined as of the time of filing with the Clerk and Recorder. It shall be deemed subordinate to all previously recorded or filed interest, and shall run with the land. Each such assessment, together, with interest and costs of collection as herein provided, shall also be the personal obligation of the Owner of such Lot as of the time which such assessment became due. Delinquent personal obligations shall not pass to successors in title unless expressly assumed by them. This shall in no way limit the effect or validity of any lien against real property created and filed as provided herein. The Association my establish rules and regulations concerning the collection of obligations and the perfection of liens.

Section 2. Rate of Assessments.
All assessments shall be fixed at a uniform rate per Lot. Undeveloped Lots owned by the Declarant shall be subject to assessment at one-fourth (25%) the amount of assessment fixed for other Lots.

Section 3. Assessments.
The general assessments levied by the Association shall be used for such purposes as are deemed desirable by the Association including, but not limited to: expenditures for construction, reconstruction, repair or replacement of any capital improvement; maintenance, upkeep, real property taxes, hazard and liability insurance, and related expenses in regard to any common properties; and, administrative costs of the Association incurred in enforcing the conditions, restrictions or charges set forth in this Declaration.

Section 4. Commencement of Assessments.
The Association is authorized to commence initial assessments as herein authorized at such time as it determines appropriate. Each Lot Owner shall be required to prepay a prorated portion of the annual assessments at the closing of the sale and purchase of every Lot. Written notice of assessments shall be sent to every Owner. The due dates shall be established by the Association. If the assessments are not paid by such due date, then interest shall begin to accrue on them at a rate to be determined by the Association.

Section 5. Certificate of Payment.
The Secretary of the Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Association for the issuance of such certificate. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. In addition, the Secretary of the Association shall maintain a roster of the individual Lots and the assessments due thereon.

Section 6. Nonpayment of Assessment.
Any assessment which is not paid when due shall be delinquent. The Association may bring an action at law to collect the amount of the delinquent assessment together with all interest, costs, and reasonable attorney fees incurred in such action, or it may take action to perfect and foreclose a lien for such assessments.

Section 7. Property Subject to Assessment.
All Lots shall be subject to assessments by the Association as herein provided, except those Lots acquired by the Association and the Common Areas.

ARTICLE V: PROTECTIVE COVENANTS

ARTICLE VI: GENERAL PROVISIONS
 
 
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