Section
6.01. Delinquency. Any assessment that is not paid within fifteen days
after it becomes due shall be delinquent. If an Assessment is delinquent, the
Association may recover all of the following:
(a) reasonable costs incurred in collecting the delinquent Assessment,
including attorney's fees;
(b) a late charge not exceeding ten percent of the delinquent Assessment or
Fifty Dollars per incident, whichever is greater; and (c) interest on all sums
imposed in accordance with this Section, including the delinquent Assessment,
reasonable costs of collection and late charges, at an annual percentage rate
equal to twelve percent interest (1% per month), commencing thirty days after
the Assessment becomes due.
Section
6.02. Lien and Notice of Delinquent Assessment. The amount of any
delinquent Assessment, plus any costs of collection, late charges and interest
assessed in accordance with the Article entitled "Assessments", shall be a
continuing lien on the Unit against which the Assessment was levied. Interest
of 1% per month on the unpaid balance including late fees, costs and interest
until paid or foreclosed will be added. A notice of delinquent assessment
which shall state the amount of the Assessment and other sums imposed in
accordance with Section 6.01, a description of the Unit, the name of the
Owner, and, in order for the lien to be enforced by non-judicial foreclosure
as provided in Section 6.03, the name and address of the trustee authorized by
the Association to enforce the lien by sale or deed in lieu of foreclosure.
The notice of delinquent assessment shall be signed by any officer of the
Association, or any employee or agent of the Association authorized to do so
by the Board. Unless the Board considers the immediate recording of the notice
of delinquent assessment to be in the best interest of the Association, it
shall not be recorded until twenty calendar days after the Association has
delivered a written notice of default and demand for payment, except as may
otherwise be provided for in this Declaration, a lien created by this Section
shall be prior to all other liens recorded subsequent to the notice of
delinquent assessment with regard to such lien.
Section
6.03. Remedies. In addition to all other legal and equitable rights or
remedies which it may have, the Association may enforce any Assessment lien
created under Section 6.02 in any manner permitted by law, including sale by
the court, sale by the trustee designated in the notice of delinquent
assessment, sale by a trustee substituted or issuing a deed in lieu of
foreclosure. Any sale by the trustee shall be conducted in accordance with
the civil laws of the country of registration of the ship’s and corporations
applicable to the exercise of powers of
sale in mortgages or deeds of trust or
any successor or substitute law. The Association, through its duly authorized
agents, using Association funds or funds borrowed for such purpose, may bid on
the Unit at the foreclosure sale, and may hold as treasury stock, lease,
mortgage or convey the acquired Unit.
Section
6.04. Curing of Default. Upon the timely curing of any default for
which a notice of assessment and pending default was recorded by the
Association, the Association shall cause to be recorded a further notice
stating the satisfaction and release of the lien of the delinquent Assessment.
Section
6.05. Cumulative Remedies. The Assessment lien and the rights to
foreclosure and sale shall be in addition to and not in substitution for all
other rights and remedies which the Association and its assigns may have under
this Declaration and by law and in equity (including, without limitation, the
right to bring an action against the Owner of a Unit to recover sums for which
a lien is created pursuant to Section 6.02 and to take a deed in lieu of
foreclosure).