The Association shall have the right to enforce compliance with the Association Documents in the manner provided by law or in equity. In the event the Association shall employ an attorney to enforce the provisions of the Association Documents against any Owner-Member, the 'prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other sums due as provided herein. All sums payable under this Declaration by an Owner-Member shall bear interest from the date due at a rate established from time to time by Board, not to exceed the maximum permitted by law. All enforcement powers of the Association shall be cumulative. Failure by the Association or any Owner-Member to enforce any covenant, condition or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2
Specific Enforcement Rights.
Without in any way limiting the Association's rights and remedies otherwise available by applicable law, the Association shall have the following rights and powers with respect to any Member's violation of the Association Documents.
Fines.
The Association may impose reasonable fines in an amount established by the Board, not to exceed One Hundred Dollars ($100.00) per violation per fine period as established by the Board. The Board may establish a fine period as a day, a week, a month or any reasonable period, depending upon the nature and magnitude of the violation, the harm posed by the violation, the difficulty in remedying the violation, and the amount of time previously allotted to the responsible party for remedying the same. The Board may also temporarily suspend a member's right to use the Association Property for failure to comply with the Association documents for a period not to exceed the earlier of ninety (90) days or until a lien is filed against the Unit. Before a fine is imposed or use is suspended, the Owner-Member against whom such action is proposed shall be given notice and the opportunity to be heard, as follows.
The Board shall give written notice to the Member at least ten (10) days prior to the meeting at which the Board will consider the violation.
At such meeting, the Member shall be given the opportunity to present evidence and to question witnesses.
The Board shall notify the Member in writing of its decision within thirty (30) days following such meeting.
Suit to Collect Delinquent Assessments.
A suit to recover a money judgment for unpaid Assessments or other sums owed may be maintained by the Association. Such suit shall be maintainable without foreclosing or waiving the lien securing such unpaid Assessments.
Enforcement of Lien.
The amount of the Assessment, plus reasonable attorneys' fees, and other costs of collection, and late charges assessed in accordance with Article V and all other sums owing to the Association by such Owner, shall be a lien on the Owner's property from and after the time the Association causes to be recorded with the Washington County Recorder a Notice of Delinquent Assessment. The Notice of Delinquent Assessment shall be signed by the person designated by the Association for that purpose. The filed lien shall continue to accrue and secure all future unpaid assessments as they become due. Upon payment of the sum specified in the Notice of Delinquent Assessment, plus accrued Assessments and additional costs, the Association shall cause to be recorded a further notice stating the satisfaction and release of the lien thereof. A lien pursuant to this Section shall be prior to all other liens except as ctherwise provided in this Declaration. A lien created pursuant to this Section may be enforced in any manner permitted by law.
Abatement.
Nothing herein contained shall limit the Association's power to abate any condition which violates the provisions of the Documents.
Transfer by Sale or Foreclosure.
The Association's lien may be extinguished only by foreclosure of the lien or by the foreclosure of a prior lien in accordance with applicable law. The lien shall be unaffected by a voluntary transfer. In the event of a voluntary transfer, the new Owner shall have no personal obligation for previously delinquent Assessments, but the Association's lien shall remain in full force and effect without the need for notice, refilling or other action. The previous Owner against whom Assessments were made shall remain personally obligation to pay such delinquent Assessments until they are fully paid.