3.6. Article 6: Remedies of Association for Non-Payment of Assessments

Section 6.1. Non-Payment of Assessments.

Any Assessment levied by the Association pursuant to the Governing Documents which is not paid within fifteen (15) days after the due date established for such Assessment by the Board of Directors, may, upon resolution of the Board, bear interest from the due date until paid at the rate of interest established by the Board, not to exceed the maximum, if any, rate of interest permitted under the laws of the State of Maryland. The Board of Directors may also impose a reasonable late fee, to the extent not restricted by law, against any Owner (and such Owner’s Living Unit) for failure to pay any Assessment within fifteen (15) days after the due date for such Assessment. The Association may bring an action at law against the Owner personally obligated to pay the delinquent Assessment, and/or establish and foreclose the lien against such Owner’s Living Unit in the manner now or hereafter provided under the Maryland Contract Lien Act, or as may otherwise be provided under applicable law.

Section 6.2. Assessment Certificate.

The Association shall, upon demand of any Owner, issue such Owner a written certificate signed by an officer of the Association setting forth whether the Assessments applicable to such Owner’s Living Unit have been paid, and if not paid, the amount of the delinquent Assessments. A properly executed certificate of the Association regarding the status of Assessments on a Living Unit shall be binding on the Association as of the date of issuance. If not prohibited by applicable law, the Association may charge a reasonable fee for the issuance of each such certificate.

Section 6.3. Acceleration of Installments.

Upon default in the payment of any Assessment, the entire balance of all unpaid Assessments for the remainder of the fiscal year may, at the Board’s discretion, be accelerated and declared due and payable in full, in the same maimer as the delinquent portion of such Assessment.

Section 6.4. Application of Past Due Assessments.

Except as may be otherwise required by applicable law, amounts collected for past due Assessments and related costs shall be applied in the following order:

(a) To payment of attorneys’ fees and other legal and collection costs;

(b) To payment of late fees;

(c ) To payment of any interest accrued on the delinquent Assessments;

(d) To payment of delinquent Assessments.

Section 6.5. Post-Judgment Attorney’s Fees and Costs. (added October 8, 2015)

The Association shall be entitled to recover from a defaulting Owner all attorneys’ fees and all costs of collection that are actually incurred by the Association to collect said assessments and related charges, or any installment thereof, which are more than fifteen (15) days delinquent. The Association shall be further entitled to recover from a defaulting Owner all attorneys’ fees and costs of collection actually incurred by the Association to collect upon any judgments entered against said Owner by a court of competent jurisdiction. By way of example, such attorneys’ fees and costs of collection may include, but are not limited to, those incurred to prepare and file garnishment of property or wages, oral examinations, writs of execution, and interrogatories in the aid of enforcement of judgment. The attorneys’ fees and costs so incurred may be claimed in a suit or lien separate and apart from the suit in which the underlying judgment was obtained. Such attorneys’ fees and costs are hereby deemed to have been incurred and are not merged into that underlying judgment.