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09-26-2005 Council Packet
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09-26-2005 Council Packet
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B. <br />C. <br />F. <br />O. <br />I. <br />J. <br />K. <br />Any common expense or portion thereof benefiting fewer than all of the <br />Units may be assessed exclusively against the Unit or Units benefited, and if <br />more than one Unit is benefited, on the basis of (i) equality, (ii) square <br />footage of the area being maintained, repaired or replaced, or (Hi) the actual <br />cost incurred with respect to each Unit. <br />The costs of insurance may be assessed in proportion to value, risk or <br />coverage, and the costs of utilities may be assessed in proportion to usage. <br />Reasonable attorneys fees and other costs incurred by the Association in <br />connection with (i) the collection of assessments and (ii) the enforcement of <br />the Declaration, Bylaws, the Act, or the Rules and Regulations, against an <br />owner or occupant or their guests, may be assessed against the owner's Unit. <br />Fees, charges, late charges, fines and interest may be assessed as provided in <br />Section SlSB.3-116(a) of the Act. <br />Assessments levied under Section 51 SB.3-11 6 of MCIOA to pay a judgment <br />against the Association may be levied only against the Units existing at the <br />time the judgment was entered, in proportion to their common expense <br />liabilities. <br />If any damage to rhe Common Elements or another Unit is caused by the act <br />or omission of any owner or occupant, or their invitees, the Association may <br />assess the costs of repairing the damage exclusively against the owner's Unit <br />to the extent not covered by insurance. <br />If any installment of an assessment becomes more than 30 days past due, then <br />the Association may, upon 10 days written notice of the owner, declare the <br />entire amount of tlie assessment immediately due and payable in full. <br />Expenses relating to the maintenance, repair, replacement or operation of all <br />or any part or component of a common element or limited common element <br />may be assessed against Units on the basis of use, which may either be <br />measured or reasonably estimatci. <br />If common expense liabilities are reallocated for any purpose authorized by <br />the Act, Conunon Expense assessments and any installment thereof not yet <br />due shall be recalculated in accordance with the reallocated common expense <br />liabilities. <br />Assessments described in Subsections 9.01.A-I shall not be considered <br />special assessments as described in Section 10.03. <br />if.
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