The Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the premises, including fixtures and personal property related thereto, or the properties, in the amount of less than $500.00, per lot in any one year shall be approved by majority vote of the entire membership of the Association and that in any one year any such assessment of greater than $500.00, per lot in any one year shall be approved by a two-thirds (2/3rds) vote of the entire membership of the Association.
It shall be the responsibility of the respective property owners to share in the maintenance, construction, upkeep and reconstruction of all private easements on a pro-rata basis. In particular the respective property owner is responsible for the road easements, drainage easements, bridle trail easements, and other private easements set forth herein and on the plat of Pickett Downs.
The need for such maintenance of said private easements shall be the responsibility of the Architectural Control Committee, and upon notice by said Committee that there exists a need for maintenance, construction, upkeep, and/or reconstruction, each respective lot owner will be responsible for the payment of said maintenance, construction, upkeep, and/or reconstruction.
It is understood that no government entity is responsible for the construction, reconstruction, or maintenance of any of the said private easements referred to in this paragraph or shown on the plat of Pickett Downs. The respective property owners will be sent a statement for their pro-rata share of the maintenance cost on a regular basis after such maintenance or reconstruction has taken place.
The Architectural Control Committee shall have the responsibility and authority to collect costs for said maintenance or reconstruction and the failure of a property owner to pay the assessment by the Architectural Control Committee shall subject the property owners property to a lien for the pro-rata share of the maintenance, together with any fees and costs incurred in the enforcing of said lien and collecting the maintenance costs.
In the event, through an act of condemnation, or upon approval of fifty-one percent (51%) of the property owners of Pickett Downs, said ingress and egress easements are taken over by a government entity or deemed to be the responsibility of a government entity for maintenance purposes, the respective lot owners herein agree to an assessment of up to one hundred percent (100%) of the total cost of any right of way acquisition, engineering and construction, maintenance, etc. on pro-rata basis as set by the government entity. In the event there is a paving or maintenance by a government entity each respective lot owner herein agrees to an assessment for the cost each construction on an equal basis.