B.W.E.H.A./DECLARATION, AMENDED AND RESTATED

O.R. 3080 Page 1206


against each Lot at least thirty (30) days in advance of each annual Assessment period.   Written notice of the annual Assessment shall be sent to every Lot Owner subject thereto, or announced in the official publication of the Association.    The due date shall be established by the Board of Directors.   The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specified Lot have been paid.   A properly executed certificate of the Association as to the status of Assessments on a Lot is binding upon the Association as of the date of its issuance.

SECTION-9    Effects of non-Payment of Assessments: Remedies of the Association.   Any Assessment not paid within thirty (30) days after the due date shall be considered "Delinquent" and shall bear interest from the due date at the highest rate permitted by Florida Law and Board approved administrative charges and late fees.   The Association may bring an action at law against the Owner personally obligated to pay said Assessments and/or interest thereon or foreclose the lien against the Lot.   No Owner may waive or otherwise escape liability for the Assessment provided for herein by non-use of the Common Area or abandonment of his Lot.

SECTION-10  Subordination of the lien to Mortgage.   The lien of the Assessments provided for herein shall be subordinate to the lien of any first mortgage.   Sale or transfer of any Lot shall not affect the Assessment lien; provided however the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such Assessments as to payments which become due prior to such sale or transfer.   No sale or transfer shall relieve such Lot from liability for any Assessment thereafter becoming due or from the lien thereof.

SECTION-11   Exempt Property.   All portions of the Properties which are dedicated to and accepted by a local public authority, all portions of the Properties which are owned by the Association, and all Parcels shall be exempt from the Assessments created herein.

SECTION-12   Sale or Transfer of Lots, Changes In Ownership Or Occupancy.   Upon the sale or transfer of any Lot within the Properties; it shall be the responsibility of the new Owner to notify the Association office as to the sale of transfer of the Lot.   It shall be the obligation of the new Owner to determine that the Association office is in  possession of all necessary facts governing the transfer and the address at which the Owner may be contacted.   When occupancy of the Lot is changed through tenancy, it shall be the obligation of the Owner of the Lot to notify the