Conifer Ridge Subdivision; Washington County, Oregon Page 6

Declaration of Protective Covenants, Conditions and Restrictions August 31, 1994

 

 

regular assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for reasonable charge, furnish a . certificate signed by an officer of the Association setting forth whether the assessments on the 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.

 

5.08 Effect of Nonpayment of Assessment: Remedies of the Association. If any assessment is not paid when due, then such assessment shall become delinquent and shall, together with such interest thereon and costs of collection. thereof as hereinafter provided, become a continuing lien on the Lot which shall bind such Lot in the hands of the then Owner, the Owners’ heirs, devisees, personal representatives. successors and assigns.

 

If an assessment is not paid within thirty (30) days after the delinquent date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot pursuant to the provisions of ORS 94.709, and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the event judgment is obtained, such judgment shall include interest on the assessment as provided above as well as reasonable attorney fees, expenses, and costs before trial, at trial and on appeal. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common area or abandonment of his Lot.

 

5.09 Subordination of the Lien to Mortgages. 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. 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 became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

 

 

ARTICLE VI

 

RESIDENTIAL COVENANTS

 

6.01 Land and Building Type. No lot shall be used. except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any Lot other than. one detached single family dwelling, as determined by the Architectural Control Committee. The foregoing provisions shall not exclude construction of a private greenhouse, storage unit, private swimming pool or a shelter or port for the protection of