THIRD
AMENDMENT and RESTATEMENT of
COVENANTS,
CONDITIONS and RESTRICTIONS
for
BOONE'S
TRACE DEVELOPMENT
The Covenants, Conditions and Restrictions made on
September 14, 1998, are recorded in Miscellaneous Book 124, at
page 402, in the records of the Madison County Court Clerk,
Richmond, Kentucky. The
Covenants, Conditions and Restrictions were amended on June
28, 1999, by Re-Recording and Amendment of record in
Miscellaneous Book 131, at page 626 in the office aforesaid.
The Covenants, Conditions and Restrictions were amended
on November 27, 2001, by Second Amendment and Restatement
recorded in Miscellaneous Book 160, page 582, in the office
aforesaid. Additional
amendments were made to the Covenants, Conditions and
Restrictions at a duly called meeting of the Boone’s Trace
Property Owners’ Association, Inc. held on November 25,
2003. The
amendments adopted on November 25, 2003, were as follows:
A. Exhibit
A, describing the properties subject to the Covenants,
Conditions and Restrictions, was amended to specifically list
the sections that had been developed since the recording of
the Second Amendment and Restatement.
B. Paragraph
4 of Article IV was amended to eliminate the quantity
restriction on household pets, so that the fourth sentence of
that paragraph would read as follows:
No other animals, livestock or poultry of any kind shall
be raised, bred or kept on any Lot, except that each Lot Owner
may keep dogs, cats and other usual or common household pets.
C. A new Paragraph 14 was added to Article IV to
restrict the use of off-road vehicles, as follows:
No motorized off-road vehicles except golf carts,
including, but not limited to trail bikes, mini-bikes,
go-carts, three-wheelers, gators, ATVs, and snowmobiles, shall
be used on subdivision roads, easements, vacant lots or
undeveloped property within Boone’s Trace Development.
Golf carts may be used during daylight hours if
operated by a licensed driver in accordance with all
regulations for operating a motor vehicle on the road.
Now
therefore, the entire Covenants, Conditions and Restrictions
for Boone’s Trace Development as modified and amended shall
be as follows:
This DECLARATION of COVENANTS, CONDITIONS, AND
RESTRICTIONS was made on September 14, 1998, and amended as
indicated above on June 28, 1999, and on November 27, 2001,
and again on November 25, 2003, made by BOONE'S TRACE, LLC,
a Tennessee Limited Liability Company authorized to do
business in Kentucky, and with offices located at 175 Glen
Eagle Drive, in Richmond, Kentucky, 40475 (hereinafter the
"Developer").
Boone's Trace Development is a gated residential
community located off Kentucky Highway # 2328, formerly United
States Highway 25N, in Madison County, Kentucky.
The
Developer and the Boone’s Trace Property Owners’
Association, Inc. intend by this Declaration to impose upon
the Boone's Trace Development described in Exhibit A (the
Properties) mutually beneficial restrictions under a general
plan of improvement for the benefit of all owners of
residential property within the Properties.
The Developer and the Boone’s Trace Property
Owners’ Association desire to provide a flexible and
reasonable procedure for the overall development of the
Properties, and to establish a method for administration,
maintenance, preservation, use and enjoyment of such
properties as are subjected to this Declaration.
This Declaration does not and is not intended to create
a condominium within the meaning of the Kentucky Horizontal
Property Law, Kentucky Revised Statutes, Section 381.805 et
seq.
EFFECTIVE DATE.
The Developer hereby declares that all Sections of the
Properties (as described in Exhibit
A) are subject to this
Declaration. The
effective date of these COVENANTS, CONDITIONS, and
RESTRICTIONS shall be as follows:
(A) Sections
1-5 of Boone's Trace Development (as described in the attached
Exhibit A) shall be subject to these COVENANTS, CONDITIONS,
and RESTRICTIONS as of November 2, 1998, upon expiration of
the COVENANTS and PROTECTIVE RESTRICTIONS which are recorded
in Deed Book 316, at page 113, in the records of the Madison
County Court Clerk, in Richmond, Kentucky, pursuant to
paragraph 18 of such COVENANTS and PROTECTIVE RESTRICTIONS;
and
(B) All
other Sections of Boone's Trace Development (see Exhibit A
attached) shall be subject to theses COVENANTS, CONDITIONS,
and RESTRICTIONS from and after the date on which these
COVENANTS, CONDITIONS, and RESTRICTIONS were originally
recorded in the records of the Madison County Court Clerk, in
Richmond, Kentucky.
ARTICLE
I
Definitions
1. "Association"
shall mean and refer to Boone's Trace Property Owners'
Association, Inc., a Kentucky nonprofit corporation, whose
Articles of Incorporation are recorded in Misc. Book 23, at
page 557, in the records of the Madison County Court Clerk,
its successors and assigns.
2. "Common Expenses" shall mean and
include actual and estimated expenses incurred by the
Association for the benefit of all owners, including such
reasonable reserves as may be established by the Association.
3. "Common
Area" shall mean all real and personal property that
the Association now or hereafter owns or otherwise holds for
the common use and enjoyment of all Owners.
4. "Construction"
shall mean and include within its definition staking,
clearing, excavating, grading, or other site work, and
building or placement of new structures, swimming pools or
other recreational facilities, and modifying or removal of
existing structures or facilities, and plantings or removal of
plants, trees, or shrubs.
5. "Lot"
shall mean a portion of the Properties, whether developed or
undeveloped, and depicted and described on a recorded Plat,
and intended for a single-family residence, including any
structure thereon, or if not yet platted, then it shall be
assumed that there is one “Lot” for each acre in the part
of the Properties not yet platted.
6. "Member"
shall mean and refer to a Person entitled to membership in the
Association.
7. "Owner" shall mean and
refer to one (1) or more Persons who hold the record title to
any Lot that is part of the Properties, but excluding in all
cases any party holding an interest merely as security for the
performance of an obligation.
If a Lot is sold under a recorded contract of sale, and
the contract specifically so provides, then the purchaser
(rather than the fee owner) will be considered the Owner.
8. "Person"
means a natural person, a corporation, a partnership, a
trustee, or other legal entity.
9. ”Private
Sanitary Sewer System" shall mean and refer to the
sanitary sewage treatment and disposal system to be installed
by the Association.
10.
"Properties" shall mean and refer to the real
property described in Exhibit "A" attached hereto.
The Properties are sometimes referred to herein as
Boone's Trace Development, or as all Sections thereof.
ARTICLE II
Approval
of Construction Plans
1. Approval
of Plans Prior to Construction.
Until one hundred (100%) of the Lots within the
Properties have been developed and conveyed to purchasers in
the normal course of development and sale, the Developer (or
the Developer's designated agent or committee) shall have the
right to pre-approve all plans for construction on any Lot.
During that time, NO CONSTRUCTION shall take place on
any Lot prior to Approval of the Plans for the construction by
the Developer (or the Developer's designated agent or
committee). Thereafter,
the Association, in its discretion, may establish such
procedures for pre-approval of plans for construction, as its
Board of Directors determines to be appropriate, from time to
time, if any.
2. Procedure
for Approval of Construction Plans.
An Owner seeking approval for construction on a Lot
shall submit to the Developer two sets of plans and
specifications. The
Developer shall retain one set, and one set shall be returned
to the Owner with the Developer's decision regarding approval
or rejections of the plans.
Plans shall include all details of the proposed
construction, including, but not limited to the following:
existing and proposed contours and grades; location of
improvements, structures, recreational facilities, and access
drives on a site plan; front, rear and side elevations for all
improvements; floor plans for all improvements; colors for all
exterior surfaces, including, but not limited to siding,
brick, roof and trim; plants and landscaping materials, and
their locations; any fences and/or walls; patios, decks, pools
and porches; parking areas; mail boxes; and such other data,
information or drawings as may be reasonably requested from
time to time by the Developer.
All plans submitted to the Developer for original
construction of a structure upon any Lot shall include a
description or plan of erosion control during the period of
construction which plan shall be designed to prevent the
runoff of dirt, mud, or other construction related debris on
to any adjoining Lot or right of way during the period of
construction and until the Lot is seeded or sodded.
Plans shall be approved or rejected by the Developer
within thirty (30) days after the Developer receives the plans
and all such other data, information or drawings as the
Developer reasonably requests.
If the Developer fails to take action on the plans
within the thirty-day period, the Owner may compel the
Developer's action by written notice to the Developer to
approve or disapprove the plans within fifteen (15) days after
date of the written notice.
Such notice shall be sent to the Developer by certified
mail. If the
Developer fails to take action on the proposed plans within
the fifteen-day period, then the proposed plans shall be
considered approved and the Owner may commence construction in
accordance with the proposed plans.
3.
Basis for Approval/Rejection of Proposed Plans.
The Developer's approval/rejection of proposed plans
for construction shall be based upon the following factors:
a)
conformity and harmony of the plans and specifications
with natural features of the site, other structures within the
Properties, including structures on adjoining Lot(s), and with
the general intent of these restrictions; and
b)
view from the golf course to the Lot, if the lot
adjoins or is in proximity to the golf course known as
"The Bull", and
c)
sufficiency of the plan for erosion control during the
period of construction; and
d)
compliance with the Minimum Architectural Standards, as
herein provided.
Appropriate color of exterior surfaces shall be
considered a vital factor in achieving the purposes of these
restrictions.
4. Developer
Immunity from Liability.
The Developer, its agents, committees, successors and
assigns, shall not be liable to any Person by reason of
mistakes, negligence, or nonfeasance arising out of or in
connection with the approval or disapproval of any plans for
construction submitted to the Developer.
Every Person who submits plans for construction to the
Developer shall hold the Developer, its agents, committees,
successors and assigns harmless from any and all liability
arising out of or in any way connected with the approval
and/or disapproval of all or any part of such plans.
ARTICLE III
Minimum Architectural Standards
1. Standards
Common to All Properties.
All lots within the Properties shall be subject to and
comply with the following architectural standards:
a)
Carports. There
shall be no carports attached or unattached.
b)
Foundation.
There shall be no exposed block or poured concrete on
the exterior of any residence and/or other improvements or
structures. Brick
or stone must cover exterior foundation from grade to sill
plate.
c)
Pools. No
aboveground pools shall be erected, constructed or installed
on any Lot. Lighting
for in-ground pools shall be designed so as to buffer
adjoining residences from the lighting.
d)
Mailboxes.
All mailboxes shall satisfy applicable postal
regulations and shall be of uniform architectural design, in
accordance with specifications established by the Developer.
e)
Location of Improvements.
The location of the residence, any structures or
recreational facilities on the Lot shall be approved by the
Developer.
f)
Modular/Mobile Homes.
Except during initial construction within the
Properties, no tent, utility shed, shack, trailer, mobile
home, modular home, or other similar structure shall be placed
upon a Lot or any part of the Properties.
This restriction does not apply to permanent
outbuildings constructed on Lots with the approval of the
Developer.
g)
Construction Material.
All construction material used shall meet or exceed
applicable building codes and regulations of Madison County,
Kentucky.
h)
Roof Pitch.
No roof on any residence shall have less than a 7/12
pitch.
i)
Landscaping Installation.
All landscaping shall be installed prior to the
occupancy of any residence, except that the Developer upon
request by any Owner may grant legitimate weather/seasonal
variances of this requirement.
j)
Drainage. Drainage
for each Lot shall be in conformity with the general drainage
plan for the Properties. No storm water drains, roof downspouts or ground water shall
be integrated into the sanitary sewer system, and all Lot
connections shall be made with watertight joints in accordance
with plumbing code requirements.
k)
Easements.
No permanent structure shall be placed within the
easements provided for on the plats for the Properties.
Any plants or landscaping located within the easements
may be removed by the Association, its agents or assigns, at
the Owner's expense, as needed to make repairs or improvements
to utilities or roads within the easements.
l)
Fences. On
Lots where fences are allowed, the fences shall be four-rail
black, and the layout must be approved prior to installation.
2. Specific
Standards for Various Sections.
The Developer shall establish Specific Building
Standards for each Section of Boone's Trace Development, which
standards shall vary from Section to Section.
In addition to the commons standards listed above, each
Lot shall be subject to and comply with the Specific Building
Standards for that Lot. The
Specific Building Standards shall include mandatory guidelines
for the following:
a)
the minimum required living area for any residence,
exclusive of porches, open decks, basements, attics, and
garages;
b)
the type of fencing, if any, allowed;
c)
composition and surface requirements for driveways;
d)
the exterior building materials permitted on residences
and structures;
e)
the landscaping requirements for each Lot, including
whether sodding is required;
f)
barns and outbuildings authorized, if any, and the
requirements for such barns and outbuildings;
g)
the location of structures in relation to the golf
course property, if applicable;
h)
whether service utilities are to be underground;
i)
whether sidewalks are required, and if so, the
specifications for the sidewalks;
j)
building setback lines;
k)
parameters for vegetable gardens, if allowed;
l)
garage requirements, including size and location;
m)
such other requirements as the Developer shall
determine from time to time.
Upon the sale of Lot(s) by the Developer to a
purchaser, the Developer shall furnish to the purchaser the
Specific Building Standards applicable to the Section in which
the Lot(s) so purchased are located.
From time to time, upon request by an Owner, or his or
her agents, the Developer shall furnish a copy of the current
Specific Building Standards applicable to the Owner's Lot, to
the Owner, or his or her agents and assigns.
The Specific Building Standards established by the
Developer for each Section of Boone's Trace Development, as
amended from time to time by the Developer, shall be a part of
this Declaration, are included herein by reference, and shall
be binding upon the Owners, their heirs, successors, and
assigns, as if set forth at length herein.
3. Variances.
Until one hundred (100%) of the Lots within the
Properties have been developed and conveyed to purchasers in
the normal course of development and sale, the Developer may
authorize variances from compliance with any of the provisions
of the Minimum Architectural Standards Common to All
Properties, or of the Specific Building Standards for each
Section, or in the procedures for obtaining approval for any
construction, when desirable or necessary because of
circumstances such as topography, natural obstructions,
hardship, aesthetic, or environmental, or other such other
considerations as the Developer deems appropriate.
Such variances shall be effective, only if in writing,
and shall not stop the Developer from denying a variance in
other similar circumstances.
After one hundred (100%) of the Lots within the
Properties have been developed and conveyed to purchasers in
the normal course of development and sale, the Association may
grant variances on the same terms and conditions as authorized
herein for the Developer.
ARTICLE IV
Use Restrictions
The Properties shall be used only for residential, and
corresponding recreational, and related purposes (which may
include, without limitation, offices for any property manager
retained by the Association or business/sales offices for the
Developer or the Association), as may be more particularly be
set forth in this Declaration.
Standards and Restrictions governing the use of the
Properties shall be as follows:
1. Signs.
No sign of any kind, including signs advertising a Lot
"for sale", shall be erected within the properties,
without the written consent of the Association, except that
the Developer and/or the Association shall have the right to
erect signs as it deems appropriate, in its discretion.
2. Parking and Garages.
Vehicles shall be parked only in the garages or in the
driveways serving the Lots.
No parking shall be permitted on any street, except
temporarily for social gatherings held on a Lot.
Commercial vehicles, tractors, motor homes,
recreational vehicles, trailers (either with or without
wheels), camper trailers, horse trailers, boats and other
watercraft, and boat trailers shall be parked only in an
enclosed garage or approved outbuilding on the Lot.
3. Occupants Bound.
All provisions of this Declaration, By-Laws of the
Association, and any rules and regulations or use restrictions
promulgated pursuant thereto which govern the conduct of
Owners and which provide for sanctions against Owners shall
also apply to all occupants, guests and invitees of any Lot.
4.
Animals and Pets.
Horses may be kept in the Lots that make up the
Tanglewood Farm Section of Boone's Trace Development.
No more than three horses shall be kept on any one Lot
within the Tanglewood Farm Section. Horses shall not be allowed in any of the other Sections of
the Boone's Trace Development.
No other animals, livestock or poultry of any kind
shall be raised, bred or kept on any Lot, except that each Lot
Owner may keep dogs, cats and other usual or common household
pets. Animals
which are permitted to roam free, or in the sole discretion of
the Association endanger the health, make objectionable noise,
or constitute a nuisance or inconvenience to the Owners of
other Lots shall be removed upon request of the Association;
if the Owner fails to honor such request, the pet may be
removed by the Association.
No animals shall be kept, bred, or maintained for any
commercial purpose. Dogs at all times when they are outside a Lot shall be
confined on a leash, held by and under the physical control of
a responsible person.
5. Nuisance.
No portion of the Properties shall be used, in whole or
part, for the storage of any property or thing that will cause
it to appear to be in an unclean or untidy condition or that
will be unsightly to the eye; nor shall any substance, thing,
or material be kept upon any portion of the Properties that
will emit foul or obnoxious odors or that will cause any noise
or other condition that will or might disturb the peace,
quiet, safety, comfort, or serenity of the occupants of
surrounding property. No
noxious or offensive activity shall be carried on upon any
portion of the Properties, nor shall anything be done thereon
tending to cause embarrassment, discomfort, annoyance, or
nuisance to any person using any portion of the Properties.
6. Unsightly or Unkempt
Conditions. It shall be the responsibility of each Owner to prevent
the development of any unclean, unhealthy, unsightly, or
unkempt condition on his or her Lot.
The pursuit of hobbies or other activities, including
specifically, without limiting the generality of the
foregoing, the assembly and disassembly of motor vehicles and
other mechanical devices, shall not be pursued or undertaken
on any part of a Lot, except within enclosed approved outbuildings.
Each Lot owner shall keep his or her Lot mowed and
clear of weeds and debris, or if the Lot Owner fails to do so,
the Association shall have the right to mow and maintain the
Lot and to charge the cost of such maintenance to the Lot
Owner.
7. Antennas.
No antenna shall be constructed upon any portion of
a Lot other than for the purpose of television signal
reception. No
television antenna shall be constructed or allowed to remain
on any Lot which is not connected to the primary residence
thereon nor shall said antenna extend more than six (6) feet
above the roof line. No
satellite dish larger than twenty-two (22) inches by
forty-four (44) inches shall be permitted or located upon any
Lot, and any satellite dish permitted shall not be located in
the front yard of any Lot.
8. Clotheslines, Garbage
Cans, Tanks, and Similar Items.
No clotheslines, above-ground tanks, chain link
enclosures, or other similar items shall be placed, allowed or
maintained upon any portion of the Properties, including any
Lot, without prior written approval of Association.
All garbage cans shall be located or screened so as to
be concealed from view of other Lots, streets, and property
located adjacent to the Lot, except that garbage cans may be
placed at curbside on days designated for trash pick-up for
that particular Lot. All
rubbish, trash, and garbage shall be regularly removed from
the Properties and shall not be allowed to accumulate thereon.
9. Subdivision of Unit.
No platted Lot shall be subdivided or its boundary
lines changed except with the prior written approval of the
Association. Developer, however, hereby expressly reserves the right to
replat any Lot or Lots owned by Developer.
Any such division, boundary line change, or replatting
shall not be in violation of the applicable subdivision and
zoning regulations.
10. Firearms/Weapons.
The discharge or use of firearms or other weapons
within the Properties is prohibited.
The term "firearms" includes "B-B guns,
pellet guns, and other firearms of all types, regardless of
size. The term
"weapons" includes bows, crossbows and other
projectile weapons.
11. Drainage.
Catch basins and drainage areas are for the purpose of
natural flow of water only.
No obstructions or debris shall be placed in these
areas. Developer
hereby reserves a perpetual easement across the Properties for
the purpose of altering drainage and water flow, in accordance
with good engineering standards.
No drainage ditches, cuts, swales, streams,
impoundments, mounds, dams or other physical improvements or
elements of the landscape or terrain which control or
determine the location of flow of surface water and drainage
patterns may be destroyed, altered or modified by any Owner,
his or her agents, without prior written consent of the
Developer.
12. Air Conditioning Units.
No window air conditioning units may be installed on
any Lots without prior written consent of the Association.
13. Business/Home Occupations. No trade or business or any kind shall be conducted on any
Lot.
14.
Off-Road Vehicles.
No motorized off-road vehicles except golf carts,
including, but not limited to trail bikes, mini-bikes,
go-carts, three-wheelers, gators, ATVs, and snowmobiles, shall
be used on subdivision roads, easements, vacant lots or
undeveloped property within Boone’s Trace Development.
Golf carts may be used during daylight hours if
operated by a licensed driver in accordance with all
regulations for operating a motor vehicle on the road.
ARTICLE V
Association
1. Membership.
Every Owner shall be a Member of the Association, and
by acceptance of a deed for any Lot within the Properties
agrees to accept membership in the Association.
All Owners/Members shall abide by the Association's
By-laws, rules and regulations, and shall pay assessments
established by the Association.
No Owner, whether one or more persons, shall have more
than one membership per Lot owned.
The Developer shall have one vote for each Lot owned
within the Properties. In
the event the Owner of a Lot is more than one person, votes
and rights of use and enjoyment shall be as provided in the
Association's By-Laws. Membership
rights of a Lot owned by a corporation, partnership, limited
liability company, or entity, shall be exercised by the
individual designated by the Owner to act on behalf of the
entity in a written instrument provided to the Secretary of
the Association.
2. Duties.
The Association shall in all reasonable ways act to
promote the health, safety and welfare of the Owners, which
duties shall include, without limitation:
a)
Enforcement of the provisions of this Declaration;
b)
Procurement, maintenance, repair or replacement of the
streets, rights of way, and any other common areas, access
control (guard) buildings and equipment, security vehicles,
and other security equipment and devices; maintenance and snow
removal equipment, including (without limitations) tractors,
mowers, mowing attachments, scraper blades, tools, etc.; and,
any sanitary sewer lines (at such time as any shall be owned
by or become the responsibility of the Association), street
signs, street lights, and storm sewer lines, if any, ditches,
culverts, etc., which may be located along, under, within or
upon the streets and rights of way, or which are used in
common by the Owners;
c)
construction of a private sanitary sewer system and/or
such improvements as may be required to provide utilities, or
other benefits to all and/or some part of the Owners;
d)
Snow removal from the streets;
e)
Procurement of fire hydrants and payment of all rental
fees therefore;
f)
Procurement of liability insurance policies covering
use of the streets, rights of ways, or any other common areas.
3. Creation of
Assessments. The Association, acting by and through its Board of
Directors, shall establish Assessments for expenses incurred
by the Association in carrying out its duties.
The assessments may be modified from time to time by
the Association as needed to meet the Association's expenses. Assessments shall be established for Common Expenses, for both
day-to-day operational expenses of the Association and
to fund capital improvements that benefit all Members of the
Association, hereinafter "Common Assessments".
The Association may establish "Special
Assessments" to recoup expenses of an operational or
capital nature incurred on behalf of less than all of the
Members.
Common Assessments shall be levied equally on all Lots,
except Lots owned by the Developer.
A Special Assessment shall be levied equally on only
the Lot(s) that benefit from the expenditure that is being
recouped by the Special Assessment, except Lots owned by the
Developer. Each
Owner by acceptance of his or her deed or recorded contract of
sale, is deemed to covenant and agree to pay these
assessments.
All assessments levied against a Lot, together with
interest at a rate not to exceed eighteen (18%) percent or the
highest rate allowed by Kentucky law as computed from the date
the delinquency first occurs, reasonable late charges, costs,
and reasonable attorney's fees, shall be a continuing lien
upon the Lot. In
addition, each such assessment, together with interest, late
charges, costs, and attorney's fees, shall be the personal
obligation of the Person who was the Owner of such Lot at the
time the assessment arose.
The grantee of such Owner shall be jointly and
severally liable for such portion thereof as may be due and
payable at the time of a conveyance.
Assessments shall be paid in such manner and on such
dates as may be fixed by the Association, including, without
limitation, provisions for acceleration all Assessments due in
a given year upon delinquency in payment of a monthly
Assessment.
No Owner may waive or otherwise exempt himself from
liability for Assessments, including, by way of illustration
and not limitation, by non-use or Common Areas or abandonment
of the Lot.
If the Assessments levied against Lots are insufficient
to pay all of the Association's operating or capital expenses,
the Developer may provide funds to make up the shortfall.
The Association is hereby authorized to establish
repayment terms for any such advancements made by the
Developer, including repayment with interest at market rates,
and payment of penalties for failure of the Association to
comply with the repayment terms.
5. Lien for Assessments.
Upon recording of a notice of lien on any Lot, there
shall exist a perfected lien for unpaid Assessments prior and
superior to all other liens, except all taxes, bonds,
assessments, and other levies which by law would be superior
thereto, and the lien or charge of any first Mortgage of
record (meaning any recorded Mortgage with first priority over
other Mortgages) made in good faith and for value.
Such lien may be enforced by suit, judgment, and
foreclosure.
The Association, acting on behalf of the Owners, shall
have the power to bid for a Lot at a foreclosure sale and to
acquire and hold, lease, mortgage, and convey the same.
No right to vote shall be exercised on behalf of a Lot
and no Assessment shall be levied against when the Lot is
owned by the Association following foreclosure.
Suit to recover a money judgment for unpaid
Assessments, interest, costs, and attorney's fees may be
maintained without foreclosing or waiving the lien securing
the same.
6. Date of Commencement
of Assessments. The
assessments provided for herein shall commence as to each Lot
on the date on which a deed is delivered to an Owner.
ARTICLE VI
