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est, costs <br />(Of and for <br />rge on the <br />iinst which <br />1st a Lot, <br />reasonable <br />Lon of the <br />he assess* <br />nt assess* <br />expressly <br />te to dis* <br />sments" to <br />ly or more <br />insurance. <br />>n may fix <br />le Maximum <br />)n. Until <br />nt shall <br />) per <br />increased <br />Assessment <br />more than <br />in Cities <br />of Labor <br />le member* <br />ibove this <br />s who are <br />for this <br />1 Lots on <br />the first <br />It Annual <br />)f months <br />Board of <br />t against <br />:h fiscal <br />i sent to <br />Board of <br />i no less <br />e fund to <br />f Fund"). <br />2) months <br />ints paid <br />into the Emergency Fund shall not be considered advance payments <br />of Annual Assessments. <br />(b) The Emergency Fund shall be established by <br />"Emergency Fund Assessments." Each Lot's share of the Emergency <br />Fund shall be collected from the Owner at the closing of the sale <br />of the Lot from the Declarant to the Owner. Within one year <br />after the closing of the sale of the first Lot, Declarant shall <br />pay each unsold Lot's share of the Emergency Fund to the <br />Association. Declarant shall be reimbursed for this payment from <br />funds collected from the various Lot C-r^ners at the closings of <br />the sale of the Lots from the Declarant «o the Owners. <br />(c) Whenever the Emergency Fund is depleted below the <br />level set forth in Subsection (a), the Association shall <br />replenish the Emergency Fund by levying additional Emergency Fund <br />Assessments against all the Lots and their respective Owners. <br />Section 5. Sinking Fund Assessments <br />(a) The Association shall establish a separate reserve <br />fund ("Sinking Fund") to provide cash for major repairs and <br />replacement of those improvements in the Common Area that will, <br />after a number of years, need major repairs or replacement. Such <br />improvements include, without limitation, the road, the storm <br />sewer facilities, the entrance monument and the pedestrian trail. <br />(b) The Board of Directors shall, in good faith, <br />determine the useful life of such improvements and an appropriate <br />schedule of Sinking Fund Assessmentv such that each year the <br />Sinking Fund Assessments are appropMately equal or gradually <br />increasing and such that, when each major repair or replacement <br />is expected to occur, there will be sufficient cash in the <br />Sinking Fund. <br />(c) If for any reason the Sinking Fund is ever inade* <br />quate to fund a major repair or replacement, then the Association <br />may levy a Capital Assessment (pursuant to Section 6) to defray <br />the extra cost. <br />Section 6. Capital Assessments. <br />(a) Whenever the Board determines that the Sinking <br />Fund is inadequate to fund a major repair or replacement and <br />whenever the Members decide to install additional capital <br />improvements to the Common Area, the Association may levy a <br />"Capital Assessment." <br />(b) Each Capital Assessment shall be due and payable <br />in such installments as the Board of Directors shall determine, <br />but no more frequently than monthly and no less frequently than <br />semiannually, and in any event shall be fully paid within the <br />expected useful life of the improvement. <br />* 9 * <br />Sect <br />sible fo] <br />the Asso< <br />Lot and j <br />in such <br />frequent] <br />and in ar <br />Sect <br />Under Sec <br />the pur <br />of this <br />days, <br />first <br />entitle <br />members <br />not prc <br />notice <br />meeting <br />precedi <br />than 60 <br />Sect <br />shall be <br />Assessmen <br />whom the <br />opportuni <br />Sect <br />and drair <br />of all Ic <br />no houses <br />fere with <br />struction <br />side 30 £ <br />City Cour <br />backs are <br />tions (a) <br />conducted <br />of each I <br />are measu <br />yard sett <br />Outlet B <br />mon bourn <br />standing