Instrument #2022025031 #27 Book:8196 Page:4798
(e) The following property shall be exempt from the Assessments, charges and liens created herein:(1)Common Area;(2)lands owned by Declarant which have not been annexed to the Property by this Declaration or any Supplemental Declaration;(3)lands conveyed or dedicated to the Local Government or other Governmental Authority, any public or quasi-public utility company, or the public; and(4)to the fullest extent permitted by the Association Act, Lots owned by Declarant during the period of time that Declarant subsidizes the Common Expenses of the Association pursuant to Section 6.08 hereof No other land or improvements in the Property shall be exempt from the Assessments, charges or liens stated above. No Owner may avoid Assessment obligations by virtue of non-use or abandonment ofthe Common Area or any Area ofCommon Responsibility,as applicable. (f) If any Lot is occupied by a Tenant and the Owner of the Lot is delinquent in paying any Monetary Obligations, the Association may demand in writing that the Tenant pay to the Association the subsequent rental payments related to the Lot("Tenant Demand"). Any Tenant Demand is continuing in nature, and upon such Tenant Demand, the Tenant of the subject Lot (the "Notified Tenant") must continue to pay the subsequent rental payments until all the Monetary Obligations of the Lot Owner related to the Lot have been paid in full to the Association and the Association releases the Tenant or until the Tenant discontinues tenancy in the Lot. A Notified Tenant is immune from any claim by the Lot Owner related to the rent timely paid to the Association after the Association has made a Tenant Demand. In addition to any notice to a Tenant of a Lot permitted to be given by law, an Owner, by acceptance of a deed to a Lot, does hereby irrevocably Grant to the Association (and its officers, directors, designees, agent, and employees) and to any professional management or accounting firm providing management or accounting services to the Association, the right to notify,in writing,the Tenant ofthe Lot ofany delinquency by the Owner ofthe Lot in payment of any monetary obligations due to the Association, including but not limited to, the amount thereof Further, each Owner hereby agrees and acknowledges that the disclosure of any of Owner's delinquent monetary obligations due to the Association, as provided in the preceding sentence,shall not be construed or be deemed to be a violation ofthe Fair Debt Collection Practices("FDCPA") 15 U.S.C. Section 1692 et seq. (g) Ifthe Notified Tenant paid rent to the Owner ofthe Lot for a given rental period before receiving the Tenant Demand and provides written evidence to the Association of having paid the rent within fourteen (14) days after receiving the Tenant Demand, such Notified Tenant shall begin making rental payments to the Association for the following rental period and shall continue making rental payments to the Association to be credited against the Monetary Obligations of the Lot Owner until the Association releases the Tenant or the Tenant discontinues tenancy in the Lot. The Association shall, upon request, provide the Tenant with written receipts for payments made. The Association shall mail written notice to the Lot Owner of the Association's demand that the Tenant pay Monetary Obligations to the Association. (h) The liability ofthe Notified Tenant may not exceed the amount due from the Notified Tenant to the Lot Owner. The Notified Tenant shall be given a credit against rents due to the Lot Owner in the amount ofAssessments paid to the Association. After serving a Tenant Demand, if the Notified Tenant fails to pay any Monetary Obligation, the Association may issue notices under Section 83.56 of the Florida Statutes, as amended,restated or re-codified from time to time,and may sue for eviction under Sections ofthe Florida Statutes, as amended,restated or re-codified from time to time, as ifthe Association were a landlord under Part II of Chapter 83 of the Florida Statutes. However,the Association is not otherwise considered a landlord under Chapter 83 of the Florida Statutes and specifically has no duties under Section 83.51 ofthe Florida Statutes, as amended,restated or re-codified from time to time.
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58771933;7
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