An Assessment against Unit Owners shall be made by
the Association and the proportionate amount of Common Expenses charged
to each Unit shall be a lien against such Unit, as hereinafter provided,
subject to the provision of Section 21 of the Condominium Act. Such
lien shall exist in favor of the Association and there shall be included
therein interest as herein after provided and reasonable attorneys’
fees for enforcing the payment thereof. A Unit Owner shall, by acceptance
of title, be conclusively presumed to have agreed to pay his proportionate
share of Common Expenses assessed while he is the owner of the Unit.
The liability of a Unit Owner for Common Expenses shall be limited to
the amount equal to the percentage interest attributed to his Unit in
accordance with the Condominium Documents and the Condominium Act, except
for special charges and assessments imposed upon a specific Unit Owner
or Owners as provided in this Master Deed. No Unit Owner may exempt
himself from liability for his share of Common Expenses by waiver of
the enjoyment of the right to use any of the Common Elements or by abandonment
of his Unit or otherwise. The Common Expenses charged to any Unit shall
bear interest from the payment due date set by the Association at such
rate not exceeding the legal interest rate as may be established by
the Association or if no rate is so established at the legal rate.
Assessments for Common Expenses shall be made for
the fiscal year annually in advance not later that one month prior to
the year in question. Such annual assessments shall be due and payable
in equal monthly installments on the first day of each month; provided,
however, the Association may elect to collect said annual assessments
in quarterly installments due and payable on the first day of each quarter.
The Association may review and revise the assessments made and may increase
or decrease the same. Any such increase required for the proper management,
maintenance and operation of the Common Elements and other Condominium
Property shall be paid by the Unit Owners in equal monthly (or quarterly)
installments for the balance of the Association’s fiscal year commencing
on the first day of the month or quarter next following notice of the
increase.
Taxes, assessments, water and sewer rents, which may
be levied against the condominium Property as a whole before separate
assessments for each Unit are made, as provided in Paragraph 19 of the
Condominium Act, shall be paid by the Association and shall be included
in the budget and paid by the Unit Owners as a Common Expense. Al liens
against the Common Elements of any nature including but not limited
to taxes and special assessments levied by and governmental authority
may be paid by the Association and shall be assessed by the Association
against the Unit or Units in accordance with their respective percentage
interests or paid from the Common Expense Account, whichever in the
judgment of the Association is appropriate. All other assessments,
either for emergencies or otherwise, shall be made by the Association
in accordance with the provisions of the Condominium Act and the Condominium
Documents and if the date for payment is not set forth therein, the
same shall be determined by the Association.
The assessments against all Unit Owners shall be set
forth upon a roll of the Units which shall be available for inspection
at all reasonable times by Unit Owners or their duly authorized representatives.
Such roll shall indicate for each Unit the name and address of the Unit
Owner or Unit Owners, the assessments for all purposes and the amount
of all assessments paid and unpaid.
As between the Association and each Unit Owner, the
Common Expense and other charges and expenses represented in the monthly
assessment shall immediately become, without any notice, a lien against
each Unit on the date said payments are due; additional or added assessments
for Common Expenses and other charges and expenses, if any, assessed
against Units and not covered by the usual monthly assessments shall
become a lien against each Unit as of the date when the expense or charge
giving rise to such additional or added assessment was incurred by the
Association.
As to other persons, such liens shall be effective
from and after the date of recordation in the public records of Atlantic
County, New Jersey, of a claim of lien as provided in Section 21 of
the Condominium Act. In the event that any such lien shall have been
filed as aforesaid, then such lien may be foreclosed by the Association
in the manner provided for the foreclosure of a mortgage on real property.
In the event of filing of such claim of lien, the Association shall,
in addition to the amount due, be entitled to recover reasonable expense
of the action, including costs and attorney’s fees. The right of the
Association to foreclose the lien aforesaid shall be in addition to
any other remedy which may be available to it in law or at equity for
the collection of all assessments duly made by the Association, including
the right to proceed personally against any delinquent Unit Owner for
the recovery of a personal judgment against such Unit Owner.
Upon any voluntary conveyance of a Unit, the grantor
and grantee of such Unit shall be jointly and severally liable for all
unpaid assessments pertaining to such Unit which are imposed by the
Association or accrued to the date of such conveyance without prejudice
to the right of the grantee to recover from the grantor any amounts
paid by the grantee; however, the grantee shall be responsible for the
payment of same to the Association.
A Unit may be sold at an execution sale free of any
claim not a lien of record, for Common Expenses or other assessments
by the Association, but any funds derived from such sale remaining after
satisfaction of prior liens and charges but before distribution to the
previous owner, shall be applied to payment of such Common Expenses
or other assessments if written notice thereof shall have been given
to the sheriff before distribution. Any such unpaid Common Expenses
which shall remain uncollectible from the former Unit Owner for a period
of more than sixty (60) days after such sheriff sale may be reassessed
by the Association as a Common Expense to be collected from all Unit
Owners including the purchaser who acquired title to the sheriff’s sale,
his successors and assigns other than a mortgagee acquiring the title
as a result of foreclosure. The Association may bid in and purchase
the Unit at a sheriff’s sale, and may acquire, hold, lease, mortgage
and convey same.
Notwithstanding any foreclosure, tax sale or other
forced sale of a Unit, all applicable provisions of the Condominium
Documents and rules and regulations of the Association shall be binding
upon any purchaser at such sale to the same extent they could bind a
voluntary grantee except that such purchaser shall not be liable for
the share of Common Expenses or other assessments by the Association
pertaining to such Unit or chargeable to the former Unit Owner which
became due prior to such sale except as otherwise provided in the preceding
paragraphs.
In the event that any unpaid assessment shall be deemed
uncollectible by the Association, such amount shall be a Common Expense
collectible from all other Unit Owners in amounts corresponding to their
percentage interests.