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HomeMy WebLinkAboutFAHRENBRUCH LEISURE VILLAGE FOURTH - Filed DA-DEVELOPMENT AGREEMENT - 2004-08-13OMITTING RESTRICTIONS HEREIN, IF ANY, BASED ON RACE, COLOR, SEX, RELIGION OR NATIONAL ORIGIN. DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR FAHRENBRUCH LEISURE VILLAGE, FOURTH FILING THIS DECLARATION, made this-9 day of _66ZZ 1978, by TEDD A. GATTEAU, STEVEN R. PICKELNER, D ID J. PICKELNER, TERRY ALLEN MOORE and ROBERT J. MOORE, hereinafter referred to as "Subdividers", its successors and assigns. WITNESSETH: WHEREAS, Subdividers are the owners in fee simple of that certain real property situate in the City of Fort Collins, County of Larimer, State of Colorado, as more fully described on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, Subdivider desires to commence to replat and subdivide the real property described in Exhibit "A" to be known under the style and name of Fahrenbruch Leisure Village, Fourth Filing; and WHEREAS, Subdivider desires to create a multi -family residential community with common use areas for the benefit of said community; and WHEREAS, Subdivider desires to provide for the main- tenance of common use areas and to establish certain stan- dards covering the subdivision by means of protective cove- nants, restrictions and easements to insure the lasting beauty, value and enjoyment of the property; WHEREAS, Subdivider has incorporated under the laws of the State of Colorado, a corporation not for profit, with the style and name of Fahrenbruch Leisure Village, Fourth Filing Homeowners Association (hereinafter referred to as the "Association"), for the efficient preservation of the values and improvements in said community, and shall delegate and assign to said Association the powers of maintaining roads and parking areas and the common use areas in Fahrenbruch Leisure Village, Fourth Filing, and powers for maintaining, administering and enforcing the covenants and restrictions ARTICLE IX. 1. LIABILITY FOR COMMON EXPENSES UPON TRANSFER OF LOT. Section A. Upon payment of a reasonable fee not to exceed TWENTY DOLLARS ($20.00) and upon the written request of any member, any mortgagee, or any prospective mortgagee of a lot, the Association shall issue a written statement setting forth the amount of the unpaid expenses assessed to such member, if any, the amount of the current assessment and the period that the same covers and the date such assessment becomes due, credit for advance payments or for prepaid items, which statement shall be conclusive upon the Association in favor of all persons who rely thereon in good faith. Unless such request for a statement of indebtedness shall be complied with within fifteen (15) days, all unpaid common expenses which became due prior to the date of making such request shall be subordinate to the lien of the person requesting such statement. Section B. 'The grantee of a lot shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his proportionate share of expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor; provided, however, that upon payment of a reasonable fee not to exceed TWENTY DOLLARS ($20.00) and upon written request, any such prospe- ctive grantee shall be entitled to a statement from the Association setting forth the amount of the unpaid assess- ments, if any, with respect to the subject lot, the amount of the current assessment and the period that it covers, and the date that such assessment becomes due, credit for advance payments or for prepaid items, which shall be conclusive upon the Association. Unless such request for a statement of indebtedness shall be complied with by the Association within fifteen (15) days of such request, then such grantee shall not be liable for, nor shall the lot conveyed be subject to lien for any unpaid assessments against the subject lot.. -10- ARTICLE X. THE REAL PROPERTY DESCRIBED IN EXHIBIT "A" FAHRENBRUCH LEISURE VILLAGE, FOURTH FILING, SHALL BE AND HEREBY IS, DECLARED SUBJECT TO THE PROVISIONS OF THIS ARTICLE CONTAINING THE PROTECTIVE COVENANTS, BUILDING RESTRICTIONS AND ARCHITEC- TURAL CONTROL COMMITTEE THAT SHALL GOVERN SAID SUBDIVISION. LAND USE AND BUILDING TYPE. No lot shall be used except for multi -family residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one (1) dwelling unit for the number of units specified on the plat for each respective lot. Any deviation from this must have written approval from the Architectural Control Committee. BUILDING LOCATION. No building shall be located except within the building envelope specified on the plat for each respective lot. PERMITTED USES. No noxious or offensive activity shall be carried on upon any lot:, nor may anything be done which may be or may become a nuisance or annoyance to the neighborhood. No waste or materials of any kind may be stored on a lot except for a reasonable term while a structure on said premises is under construction. No campers, trailers, or boats shall be stored or regularly parked in said subdivision without prior committee approval. No trailer, farm machinery or motor- cycles, or the like, may be stored, junked or otherwise maintained in an idle or unworkable condition. Only those vehicles and machines of good running condition which are currently licensed and registered are permitted. The Architec- tural Control Committee reserves the right to require a fence or screened planting to surround open boat, automobile or trailer storage area or require its removal from said premises. All property and premises shall be kept in a clean and sanitary condition at all times. 4. MINERAL EXTRACTION. No mining or extraction of minerals shall be permitted on any lot. -11- 5. WATER AND SANITATION. (a) Any residence constructed on any lot shall be connected with public water or sewage disposal system. Privies, outhouses, chemical toilets, etc., are expressly prohibited. (b) No.residential unit shall be permitted on any lot unless the same is provided with a garbage disposal or garbage grinding unit, which unit or units shall be kept in good working condition at all times and shall be used for disposal of garbage and wastes. (c) No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or any other form of solid, semi -solid, or liquid waste. Rubbish, garbage or other waste shall be kept and disposed of in a sanitary container. All containers or other equipment for the storage or disposal of garbage, trash, rubbish or other refuse shall be kept in a clean, sanitary condition and shall be kept inside the residence or individually housed. No trash, litter or junk shall be permitted to remain exposed upon the premises and' visible from public roads or adjoining or nearby premises. Burning of trash will not be permitted. 6. OPE:N SPACE MAINTENANCE, LAWN SEEDING, AND LANDSCAPING. (a) Each lot owner shall have the common use area of the lot brought to grade, lawn seeded and landscape planted (each in accordance with the landscape plan set forth in the plat of the subdivision) within twelve (12) months from the date a certificate of occupancy is issued for the milti- family structure constructed on the lot. In the event an owner shall fail to so proceed, the Association shall have the right, through its agents, and employees, to enter, upom said lot and to accomplish the necessary grading, seeding, and landscaping thereon. The cost of such grading, seeding and landscaping shall be added to and become part of the assessment to which such lot and member is subject. (b) Each lot at all times shall be kept in a clean, sightly, and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber, or other building materials shall be permitted to remain exposed upon any lot so they are visible from any neighboring lot or streets except as necessary during the period of construction. In the event any structure is destroyed either wholly or partially by fire or any other casualty, said structure shall be promptly rebuilt or remodeled to conform with those covenants; or if the structure is not -12- to be rebuilt, all remaining portions of the structure, including the foundations and all debris, shall be promptly removed from the property. (c) No elevated tanks of any kind shall be erected, placed or permitted upon any part of said property. Any tanks used in connection with any milti-family residence constructed on said property, including tanks for storage of gas or oil, must be below ground. All types of refrigerating, cooling, or heating apparatus must be concealed. No garbage or trash cans or receptacles shall be maintained in an exposed or unsightly manner. 7. SIGNS. No signs shall be located on said lots except signs offering said property for sale or rent unless approval for such other signs is obtained in writing from the Architectural Control Committee, said Committee reserving the right to disapprove all such requests for signs except those described above. 8. ANIMALS. No animals, livestock, cattle, swine, fowl or poultry of any kind shall be housed, raised, or left on any tract or property either temporarily or permanently, except commonly accepted domestic household pets may be kept provided they are not kept: or maintained for any commercial purpose. 9. EXTERIOR MAINTENANCE. In the event an owner of any lot shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors of the Association, after approval of two-thirds (2/3) vote of the Board of Directors, the Association shall have the right through its agents and employees, to enter upon said parcel and to repair, maintain, restore the lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance shall be added to and become part of the assessment to which such lot and member is subject. 10. FENCES. No fences shall be constructed within the subdivision that will interfere with the use and enjoyment of the common use area by those entitled to the use and enjoyment of the same. -13- 11. ARCHITECTURAL CONTROL. No building shall be erected, placed or altered on any building lot:, nor shall any wall, fence or other enclosure, be located thereon, until construction plans and specifi- cations, including exterior colors for painted and stained surfaces, plot plan and roadways have been submitted to and have been approved by the Architectural Control Committee, as to quality of workmanship and materials, harmony of design with surrounding structures, exterior colors, and location with respect to topography and grade. Two (2) complete sets of plans and specifications with complete detail shall be furnished to the Committee. The Committee reserves the right to reject plans and specifi- cations if they, in their sole discretion, deem them to be incomplete or insufficient. The Committee shall retain one set as part of its permanent files. 12. ME:MBERSHIP TO COMMITTEE. The Architectural Control Committee is composed of Tedd Gatteau, Steven Pickelner and Robert Moore, and such shall not be entitled to any compensation for services rendered under this covenant. In the event of the death or resignation of any member, the remaining members shall have full authority to designate a successor to fill the vacancy. If the remain- ing members cannot agree on a successor, the appointment shall be made by the Board of Directors of the Association. 13. PROCEDURE. The Committee shall have the power to designate a representative to act in its place and stead. The Committee's approval or disapproval as required in these covenants shall be in writing or indicated on the builder's set of plans and specifications. In the event the Committee or its designated representative, fails to approve or disapprove within thirty (30) days after plans and specifi- cations have been submitted to it, or in any event if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 14. COVENANTS TO RUN WITH THE LAND. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them -14- until January 1, 1988, at which time said covenants shall be automatically extended for successive period of ten (10) years, from time to time as each period ends, unless changed as hereinafter provided. 15. PE,RIODS OF ENFORCEABILITY. If the parties hereto, or any of them, or their heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said develop- ment or subdivision or for the Association to prosecute any proceedings at law or in equity against the person or persons violating any such covenant, and either to prevent him or them from so doing or to recover damages or other dues for such violations. 16. INVALIDATION. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. ARTICLE XI. 1. REVOCATION OR AMENDMENT TO DECLARATION. Except as is otherwise provided herein, this Declaration shall not be revoked nor shall any of the provisions herein be amended unless: (a) the consent and permission of the Association be first obtained and (b) unless the consent of two-thirds (2/3) of the membership of the Association be first obtained. THIS DECLARATION made a5d entered into in Fort Collins, Colorado, this day of 19 r, -15- STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me thi sf25 day of 1978, by Tedd A. Gatteau, Steven R. Pickelner, avid J. Pickelner, and Robert J. Moore. WITNESS my hand and official seal. My Commission Expires: ` /15/115P91L Notary Public STATE OF IDAFO COUNTY OF Bonner On this 28th day of August, 1978, before me, the undersigned, a <} pTotary Public in and for said State, personally appeared f TERRY A. MOORE, knocrn to me to be the person who signed the fore— goins instrument and acknowledged to me that he executed the same. IN WITNESS 'hTEREOF, iIhave hereunto set my hand and affixed my seal the 28th day of August of 1978. Notary Public for State of Idaho ;Residing in Hope -therein. My Commission e:Kpirea May. 22, 1982 Leonard W. Anderson i -16- EXHIBIT A to Declaration of Covenants, Conditions, Easements and Restrictions for Fahrenbruch Leisure Village, Fourth Filing All of Lots 1, 2, and 3, according to and as shown on the Plat of Fahrenbruch Leisure Village, Fourth Filing, being a replat of Lots 12, 13, 14, and a part of Tract A, Fahrenbruch Leisure Village, Third Filing, City of Fort Collins, County of Larimer, State of Colorado. and collecting and disbursing the assessments and charges hereinafter created. NOW, THEREFORE, Subdivider does hereby publish and declare that the following terms, covenants, conditions, easements, reservations, restrictions, uses, limitations and obligations shall be deemed to run with the land situate in the City of Fort Collins, County of Larimer, State of Colorado, as more fully described in Exhibit "A" attached hereto and incorporated herein by reference, and shall be a burden and a benefit to Subdivider, its transferees, assigns, successors and any person acquiring or owning any interest in the land and improvements situate thereon, their grantees, successors, heirs, executors, administrators, devisees and assigns, to - wit: ARTICLE I 1. DE'FINITIONS. Section A. "Association" means Fahrenbruch Leisure Village, Fourth Filing Homeowners Association, a Colorado corporation not for profit, the articles and by-laws of which shall govern the administration of the property described in Exhibit "A". The members of the Association shall be all the owners of lots in the real property described in Exhibit "A" hereinafter sometimes called the "subdivision". Section B. "Owner" means a person, firm, corporation, partnership or other legal entity, or any combination thereof, who owns one or more lots, including contract purchasers, but excluding those having such interest merely as security, for the performance of an obligation. Section C. "Subdivision" means all that land described in Exhibit "A". Section D. "Property" means all that land described in Exhibit "A". Section E. "Common use area" means and includes all real property dedicated to the Association for the common use, benefit and enjoyment of all the members of the Asso- ciation. The common use area dedicated to the Association is described as: E.a. All open space described and designated on the recorded plat of Fahrenbruch Leisure -2- Village, Fourth Filing, including all roads, parking areas and easements. Section F. "Common Expenses" means and includes main- tenance, landscape, insurance, taxes, road repair, parking area repair, operations, management and administration, legal and accounting, expenses declared common expenses by the provisions of this Declaration and by the by-laws and articles of the Association, and all sums lawfully assessed against the common use area by the Association. Section G. "Lot" means any platted lot as shown on any recorded subdivision map of the property, subject to common use dedication thereof. Section H. "Subdivider" means those persons first named herein, their successors and assigns. Section I. "Residence" means multi family dwelling. ARTICLE II. 1. SUBDIVISION PLAT. Section A. The Subdivider has developed a master plan for the development into platted lots with common use areas the land described in Exhibit "A" attached hereto. The plat shall be filed for record in whole. Section B. Subdivider reserves the right to amend a previously recorded plat from time to time in order to conform such plat to the actual location of any roads and parking areas as constructed, and in order to vacate, extend the use to other property, establish or relocate easements, access roads and offsite parking areas including access to the common use area. Section C. Subdivider, the owner of all land described in Exhibit "A", states that the property is used and occupied for multi -family residential purposes, and does hereby reserve the right to use all roads, easements and other common use areas for the use and benefit of the tenants, guests, invitees and its successors and assigns of the property. -3- ARTICLE III. 1. DEDICATION OF COMMON AREA. Section A. The Subdivider by these presents does hereby dedicate all common use area as shown on the plat of the Subdivision to the Association for the use and benefit of its members as more fully provided in this Declaration, subject to utility easements and public access easements shown thereon. 2. OWNERS RIGHTS. Section A. Every owner shall have a non-exclusive right and easement of enjoyment in and to the common use area which shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions: A.a. The right of the Association to charge reason- able fees and assessments for maintenance of common use area as defined in Article I, Sections E; A.b. The right of the Association to suspend the voting rights and.right to use of the common use area by an owner for any period during which any assessment against his lot remains unpaid; A.c. The right of the Association to dedicate or transfer all or any part of the common use area and common facilities to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless approved by two-thirds (2/3) of the members of the Association. A.d. The right of the Association to suspend the use and enjoyment of any person for violation of the rules and regulations governing the. use and enjoyment of said common use area and facilities. Section B. The Association shall have the right and power through its Board of Directors to adopt such rules and regulations as it in its sound discretion shall determine -4- from time to time to regulate and govern the use of the common use area and improvements, provided however, that said rules shall not be discriminatory. Section C. Any owner may delegate in accordance with the by-laws, his right of enjoyment to the common use area and improvements to the members of his family, his tenants, or contract purchasers who reside on the property. ARTICLE IV. 1. ADMINISTRATION. Section A. The administration of the property shall be governed by the articles and by-laws of the Association known as: Fahrenbruch Leisure Village, Fourth Filing, Homeowners' Association, (a Colorado corporation not for profit). 2. ASSOCIATION MEMBERSHIP AND VOTING RIGHTS. Section A. Every owner of a lot shall become a member of the Association upon acquisition of said lot. Membership shall be appurtenant to and may not be separated from lot ownership. Membership shall pass by operation of law upon the sale of any lot, which sale may be by deed or by contract for deed. Section B. Subdivider, its successors and assigns, shall have one (1) membership in the Association for each lot owned. Section C. Each member shall be entitled to one (1) vote as more fully made and provided in the by-laws of the Association. 3. INITIAL BOARD OF DIRECTORS. Section A. As shown and reserved to Subdivider in the Articles of Incorporation and By -Laws of the Association, until December 31, 1978, the designation and appointment of the Board of Directors for the Association may, at Sub - divider's option, be exercised by the Subdivider. ARTICLE V. 1. MAINTENANCE AND INSURANCE RESPONSIBILITIES. Section A. The Association is charged with the duty and responsibility of providing for the maintenance of such roads and parking areas as are situate upon the property. -5- Section B. The Association is charged with the duty and responsibility of providing for the maintenance of the common use area, open area, improvements and entrance ways as designated on the recorded plat of said subdivision. Section C. The Association shall maintain such insurance coverage, as a common expense, as it in its sole discretion shall determine from time to time. 2. DELEGATION OF RESPONSIBILITY. Section A. The Board of Directors of the Association may from time to time enter into such management agreements or arrangements with such persons, firms or corporations as it shall so elect to perform the duties of the Association and shall pay such compensation for said services as it, in its sole discretion, shall so determine. ARTICLE VI. 1. ASSESSMENT FOR COMMON EXPENSES. Section A. All members of the Association shall be obligated to pay the estimated assessments imposed by the Association to meet the "common expenses" attributable to the property. Assessments for the estimated common expenses shall be due monthly or at such other intervals as may be set by the Association from time to time. The Association shall prepare and deliver by mail to each member a statement for the estimated expenses. Section B. Contributions for assessments shall be prorated if the transfer of a lot (membership) commences on a date other than the first day of a month. Section C. Assessments made for the common expenses shall be based upon the cash requirements deemed to be the aggregate sum the Association shall, from time to time determine is to be paid by all of the members, including the - Subdivider, to provide for payment of all estimated expenses growing out of or connected with the maintenance or operation of the common use area, roads and parking areas which sum may include among other things, common expenses as set forth in Article I, Section G, expenses for management, taxes and special assessments, casualty and public liability and other insurance premiums, landscaping and care of grounds, common lighting, repairs and renovations, wages, water charges, legal and accounting fees, management fees, expenses and liabilities incurred by the Association under or by reason of this Declaration, the payment of any deficit remaining from a previous period and the creation of reasonable contin- gency or other reserve sinking or surplus funds, as well as other cost and expenses relating to the common area. Section D. The assessment provided for herein shall commence at the time of the conveyance of the first lot from the Subdivider. The first assessment shall be adjusted according to the number of months remaining in the period for which the assessment is made. The Board of Directors of the Association shall fix the amount of the assessment to be made against each member at least thirty (30) days in advance of the assessment period. The due date shall be established by the Board of Directors and set forth in the notice of the assessment. Section E. In the event the Association fails to maintain the common facilities or common area referred to in this Declaration in a reasonable order or condition in accordance with the original plan submitted with the final subdivision replat, the City Council in and for the City of Fort Collins, Colorado, may cause written notice to be served upon the owners of property in the development setting forth the manner in which the common facilities have failed to be maintained in reasonable condition, which notice shall include the demand that the deficiencies noted be cured within thirty (30) days thereafter and shall state the date and place of a hearing to be held within fourteen (14) days of the notice. At the time of hearing, the City Council may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the City Council, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance, may enter upon such common facilities and maintain the same for a period of one (1) year. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before expiration of such year, the City Council shall, upon its own initiative or upon the written request of ithe organization theretofore responsible for maintenance., call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the development. At such hearing, the organization responsible for maintenance and/or the residents of the development may show cause why maintenance by the City of Fort Collins should not be continued for a succeeding year. If the City Council determines that it is -7- not necessary for the city to continue such maintenance, the city shall cease such maintenance at the time established by the City Council. Otherwise the city shall continue mainte- nance for the next succeeding year, subject to a similar hearing and determination at the end of each year thereafter. The cost of maintenance by the city shall be a lien against the common facilities of the development and the private properties within the development. The City Council shall have the right to make assessments against properties in the development on the same basis that the organization respon- sible for maintenance of the facilities could make such assessments. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The city may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes. ARTICLE VII. 1. LIE,N FOR NON-PAYMENT OF ASSESSMENTS. Section A. It shall be the duty of each member of the Association to pay his proportionate share of the expenses of administration, maintenance and repair of the common area and facilities, and any other expenses set forth in this Declaration. Payment thereof shall be in such amounts and at such times as may be determined by the Association. Section B. If any member of the Association shall fail or refuse to make any such payment of the common expenses when due, the amount thereof shall constitute a lien on his lot as set forth in the deed of conveyance to him, together with his interest in the common area, and upon the recording of notice thereof by the Association, such lien shall be constituted upon such member's (owner's) interest in said lot prior to all other liens and encumbrances, recorded or unrecorded, except only (a) taxes, special assessments and special taxes theretofore or thereafter levied by any poll tical subdivision or municipal corporation of this state and other state or federal taxes which by law are a lien on the interest of such owner prior to pre-existing recorded encum- brances thereon, and (b) all sums unpaid on a first mortgage or first trust deed of record, including all unpaid obligatory sums as may be provided by such encumbrance, and including additional advances made thereon prior to the arising of such lien. W-11 Section C. To evidence such lien for unpaid assessments, the Association shall prepare a written notice setting forth the amount, the name of the owner of the lot and a description of the lot. Such notice shall be signed on behalf of the Association by an officer of the Association and shall be recorded in the office of the Clerk and Recorder of the County of Larimer. Such lien shall attach from the date of recording in the office of the Clerk and Recorder of Larimer County. Such lien may be enforced by the foreclosure by the Association of the defaulting owner's lot in like manner as mortgages on real property. The lien provided herein shall be in favor of the Association and for the benefit of all of the members of the Association. In any such foreclosure the owner shall be required to pay the cost and expenses of such proceedings, the cost, expenses and attorney's fees for filing the notice or claim of lien and all reasonable attorney's fees in connection with such foreclosure. The owner shall also be required to pay to the Association the monthly assessment for the membership during the period of foreclosure and the Association shall be entitled to a receiver to collect the same. The Association on behalf of the members shall have the power to bid in the lot at foreclosure sale and to acquire, hold, lease, mortgage and convey same. The Association shall send to each first mortgagee a copy of the notice of Bien provided for herein. Any encumbrancer holding a lien on a lot may, but shall not be required to, pay any unpaid common expenses payable with respect thereto and upon such payment:, such encumbrancer shall have a lien on such lot for the amounts paid, of the same rank as the lien of his encumbrance. ARTICLE VIII. 1. MEMBERS OBLIGATION FOR PAYMENT OF ASSESSMENTS. The amount of the expenses assessed by the Association against each member shall be the personal and individual debt of the member at the time the assessment is made. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing same. No member may exempt himself from liability for his contribution toward the common expenses by waiver of the use or enjoyment of any of the common areas, facilities and roads, or by abandonment of his lot. M