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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Wyndham Park Declaration Page 13 services and use may be restricted until the assessments with respect to the Lot have been paid. (b) Annual operating and both types of special assessments, together with interest, late charges and costs, shall be a charge and a continuing lien in favor of the Association upon the Lot against which each such assessment is made. (Whenever the term “costs” is used herein, it shall include, without limitation, reasonable attorneys' fees incurred by the Association, to the extent that the recovery of such fees is not prohibited by Ohio Law.) (c) At any time after an installment of an assessment levied pursuant hereto remains unpaid for ten (10) or more days after the same has become due and payable, an affidavit regarding the non-payment of Assessments and Restriction of the use of easements appurtenant to the Lot and the availability of services to such Lot, may be filed with the Recorder of Delaware County, Ohio, pursuant to authorization given by the Board. The certificate shall contain a description of the Lot for which Assessments are unpaid, the name or names of the record Owner or Owners thereof, and the amount of the unpaid portion of the assessments, interest, late charges and costs, and shall be signed by the president or other officer of the Association. (d) Any Lot Owner who believes that an assessment chargeable to his, her or its Lot has been improperly charged against that Lot, may bring an action in the Court of Common Please of Delaware County, Ohio for the discharge of that assessment. In any such action, if it is finally determined that all or a portion of the assessment has been improperly charged to that Lot, the court shall make such order as is just. (e) Each such assessment together with interest, late charges and costs, shall also be the joint and several personal obligation of the Lot Owners who owned the Lot at the time when the assessment fell due. The obligation for delinquent assessments, interest, late charges and costs shall not be the personal obligation of that Owner or Owner's successors in title unless expressly assumed by the successors, provided, however, that the right of the Association to any lien upon the Lot for non-payment of Assessments, and the right of the Association to restrict the use of easements appurtenant to such Lot and restrict services to such Lot, or restrict the use of the Common Areas owned by the Association by the Owners and Occupants of the Lot, shall not be impaired or abridged by reason of the transfer. (f) The Association, as authorized by the Board, may pursue any other remedy available to the Association pursuant to Ohio Law, and without limiting the generality of the foregoing, may obtain a lien to secure payment of delinquent assessments, interest, late charges and costs, bring an action at law against the Owner or Owners personally obligated to pay the same, and an action to foreclose a lien, or any one or more of these or other remedies. In any foreclosure action, the Owner or Owners affected shall be required to pay a reasonable rental for that Lot during the pendency of such action, and the Association as plaintiff in any such action shall be entitled to become a purchaser at the foreclosure sale. (g) No Owner may waive or otherwise escape liability for the assessments provided for these Covenants by non-use of any facilities of the Association, or by abondonment of his, her or its Lot.
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