4.01 Creation of the Lien and Personal Obligation of Fees and Assessments

FCHOA Declaration of Protective Covenants - Revision Date: 2022-05-20

All Lots continue to be subject to the payment of assessments to the Association, and by this Declaration, the covenant to pay assessments is affirmed and all Lots are subject to assessments.  Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (i) Annual Assessments or charges; (ii) Special Assessments; and (iii) Individual Assessments (collectively “Assessments”), such Assessments to be established and collected as hereinafter provided. The Assessments, together with interest, late fees, costs of collection, postage fees, administrative fees or charges, reasonable attorney’s fees, court costs, and any other amounts provided or permitted by law shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each such charge is made. Each such Assessment, together with interest, late fees, costs of collection, administrative fees or charges, reasonable attorney’s fees, court costs, and any other amounts provided or permitted by law shall also be the personal obligation of the person who was the Owner of such Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to an Owner’s successors in title unless expressly assumed by them. No Owner may avoid liability for Assessments by non-use of the Common Area or by abandonment of their Lot.