04. ARTICLE IV. ANNUAL ASSESSMENTS
1. In addition to the annual assessments provided for herein, the Board:
(a) shall have the authority to levy from time to time a special assessment against any Lot and its Owner to the extent the Homes Association expends any money (for services, materials , and legal fees and expenses) to correct or eliminate (by enforcement, self-help or otherwise) any breach by such Owner of any agreement, obligation, reservation or restriction contained in any deed, declaration or plat covering such Lot (including, without limitation , to maintain or repair any Lot or improvement thereon); and
(b) shall levy from time to time special assessments against each and every Lot (other than any Lot then owned by the Developer) in an equal amount that is sufficient, when aggregated, to enable the Homes Association to perform its duties as specified in Section 2 of Article Ill above that require any expenditure during any period in an amount in excess of the general and reserve funds of the Homes Association available therefor.
2. In the event an Owner fails to properly maintain, repair, repaint, or replace any improvements on the Owner’s Lot, the Homes Association, acting through the Board and after giving adequate notice to the Owner of the need for the maintenance, repair, repainting, or replacement, may enter onto the Lot and perform such maintenance, repair, repainting, or replacement. The Homes Association’s cost thereof, plus a reasonable overhead and supervisory foe, shall be payable by the Owner of the Lot and shall be a special assessment against the Lot.
3. If any Owner commences a lawsuit or files a counterclaim or crossclaim against the Homes Association, the Board of Directors, or any committee, or any individual director, officer or committee member of the Homes Association, and such Owner fails to prevail in such lawsuit, counterclaim or crossclaim, the Homes Association, Board of Directors, or individual director, officer or committee member sued by such Owner shall be entitled to recover from such Owner all litigation expenses incurred in defending such lawsuit, counterclaim or crossclaim, including reasonable attorneys’ fees. Such recovery right shall constitute a special assessment against the Owner’s Lot.
4. Each special assessment shall be due and payable by the Owner of the Lot upon the Homes Association giving notice of the assessment to the Owner of the Lot and shall be a lien on the Lot until paid in full by the Owner.