[R.O. 2009 §16.50.700]
The owner of each lot within the Sikeston Business, Education
and Technology Park, by acceptance of a deed therefor and whether
or not it is expressed in such deed, is deemed to covenant and agree
to pay all annual assessments, special assessments and charges within
thirty (30) days from date of receipt of a statement of assessment
or charge. The annual and special assessments and charges, together
with interest accruing on delinquent accounts, plus costs incurred
in collecting delinquent accounts including reasonable attorney fees,
shall be a charge on the lot and shall be a continuing lien upon the
lot or portions thereof, against which each assessment and charge
is made, and shall also be the personal obligation of the person who
was the owner of the lot on the effective date of the assessment or
charge. The personal obligation for delinquent assessments and charges
shall pass to successors in title and the lien shall continue to be
a charge upon the lot.
[R.O. 2009 §16.50.702]
In addition to the annual assessment, the Board may levy a special assessment in any year for the purpose of making a capital improvement upon the common area or for the purpose of defraying, in whole or in part, the costs of any reconstructions, repair or replacement of a capital improvement upon the common area, including fixtures and personal property related thereto. Special assessments shall be charged in the same manner as annual assessments as described in Section
420.600 above.
[R.O. 2009 §16.50.703]
The obligation of an owner for payment of the annual assessment
shall commence to run as of the date of conveyance of a lot to the
owner; otherwise, the annual assessment for each lot provided for
herein shall commence on January first (1st) of each calendar year.
Written notice of the amount of the annual assessment shall be sent
to every owner. The Board shall, upon request and for a reasonable
charge, furnish a certificate setting forth whether the assessments
on a specified lot have been paid.
[R.O. 2009 §16.50.704]
Each owner shall be deemed to covenant and agree to pay to the
Board the assessments provided for herein and to consent to the enforcement
of the assessments in the manner herein specified. In the event the
Board employs an attorney for collection of any delinquent assessment,
whether by suit or otherwise or to enforce compliance with the terms
and conditions of this Declaration or for any other purpose in connection
with breach of this Declaration, the owner subject to such suit or
other action shall be obligated to pay reasonable attorney fees and
costs thereby incurred in addition to any other amounts due or any
other relief or remedy obtained against said owner. In the event of
a default in payment of any assessment when due, the assessment shall
be deemed delinquent and shall bear interest at the rate of eighteen
percent (18%) per anum commencing on the due date and in addition
to any other remedies herein or by law provided the Board may enforce
each such obligation in any manner provided by law or inequity.
[R.O. 2009 §16.50.705]
The Board may cause an action at law to be commenced and maintained
in the name of the Board against any owner to enforce any delinquent
assessment obligation. Any judgment rendered in any such action shall
include the amount of the delinquency, together with interest thereon
at the rate of eighteen percent (18%) per annum from the date of the
delinquency, court costs and reasonable attorneys' fees in such amount
as the court may adjust against the delinquent owner.
[R.O. 2009 §16.50.707]
The lien of the assessment provided for herein shall be subordinate
to the lien of any previously recorded mortgage or deed of trust.
Sale or transfer of any lot shall not affect the assessment lien.