As more fully provided in the Declaration, each Member is obligated to pay to the Association annual and special assessments, and other charges (see Section 6, Article 16, of the Declaration), which are secured by a continuing lien upon the Property against which the assessment or other charge is made, Any assessments or other charges which are not paid when due shall be delinquent. If the assessment or other charge is not paid within thirty (30) days after the due date, the assessment or other charges shall bear interest from the date of delinquency at the rate of 12 percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Property, and interest, costs, and reasonable attorney's fees of any such action shall he added to the amount of such assessment or other charges.

 

(a) Right to Fees & Costs: In the event a party defaults or breaches this Judgement, the other party or parties may hire or pay someone else to help enforce this Judgement, in which case the defaulting or breaching party shall pay the non-defaulting party's fees and costs so incurred, including without limitation reasonable attorneys' fees, legal expenses and costs, whether or not there is a lawsuit, including attorneys' fees and legal expenses incurred in representing the non-defaulting party's interests as a creditor in any bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction) or appeals brought by or on behalf of the defaulting party, and for any and all post-judgment collection services and proceedings which may occur.

 

"Costs" and attorneys' fees, as used in this entire paragraph, shall include without limitation all fees and costs incurred regarding time and charges for consultations with attorneys, the preparation of legal and other documents, filing fees, costs of serving (legal messenger) all pleadings and documents, photocopying , postage and printing costs/expenses, depositions (including court reporters fees and transcription costs), conducting discovery, expert witness fees and costs, fees for consultants with expertise regarding the subject matter of any issues arising between the parties, and any and all other preparation of the case while litigation is pending, for trial, and for appeals.

 

(b) Post-Judgment Fees & Costs: Regarding post-judgment collection services and proceedings, after award or judgment is entered the prevailing party shall be fully entitled to recover against the other party any and all future costs (as set forth above), attorneys' fees, and all other expenses which may be incurred in collecting upon and/or enforcing the award or judgment, including without limitation bond costs, sheriffs fees, filing and/or court fees, and all time reasonably spent by attorneys on behalf of the prevailing party in handling and pursuing collection/enforcement of the award or judgment. The prevailing party shall be entitled to provisions in any such award or judgment which set forth the within collection or

enforcement rights to future costs and fees. However, the lack of any such provisions in an award or judgment given or taken hereunder shall not in any way affect the applicability of these provisions.

 

It is agreed that the prevailing party incurring attorneys' fees and/or costs in collecting upon or enforcing any such award or judgment may reduce those fees and costs to an additional part of the existing judgment or award by ex parte submitting a motion and affidavit to the ex parte department of the applicable court, regarding attorneys' fees and costs incurred in the collection process, and obtaining an order awarding such fees and costs to the prevailing party as an additional part of the existing judgment or award.

 

No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas and Common Maintenance Areas or abandonment of the Owner's Lot. The personal liability of any Owner for delinquent assessments or other charges shall not pass to his or her successors in title unless expressly assumed by them. Liens for delinquent assessments and other charges shall be recorded in the office of the King County Recorder.

 

The assessments levied by the Association under Article 8 the Declaration shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Properties and for the improvements and maintenance of the Common Areas and Common Maintenance Areas (as provided in Article 7 of the Declaration).

 

The annual assessment shall be One Hundred Fifty and No/100 Dollars ($150.00) per Lot; 20 percent (20%) of which shall be allocated and paid to the Declarant for plat management services provided by Declarant. Such allocation of funds to the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping and other management responsibilities.

 

The annual assessments described in this Article 11 shall commence on the date of recording of the final plat of Wilderness Hollow H. The first annual assessment for each Lot Owner shall be adjusted according to the number of days remaining in the calendar year calculated from the date of recording of the division in which the Lot is located.

 

The annual assessment may be increased during the Development Period to reflect increased (I) maintenance costs, (2) repair costs, or (3) plat management costs. All increases during the Development Period must directly reflect increases in the above-recited costs.

 

After the Development Period expires, the maximum annual assessment may not be increased each year more than ten percent (10%) above the maximum assessment for the previous year without a vote of the membership pursuant to Section 3(e) of this Article 11 of the By-laws.

 

After the Development Period expires, the maximum annual assessment may be increased by more than ten percent (10%) over the previous year's maximum annual assessment only if two-thirds (2/3) of the Members of the Association, who are voting in person or by proxy at a meeting duly called for this purpose, consent to such an increase.

 

After the Development Period expires, the Board of Directors shall fix the annual assessment in accordance with the above-recited standards.