CCP 06-30-2003 - Laserfiche WebLink

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. . . Owner shall violate any use provisions contained in the Governing Documents, the Association shall have the right to restore Common Elements and assess the cost thereof against the Owner who violates such provision, and such cost shall become a lien upon the Owner's Unit, and shall become due and payable upon demand. The Association shall have the same rights and powers to collect the cost of such restoration as provided for the collection of delinquent annual assessments. If an Owner interferes with the rights and privileges of another Owner in the use of Common Elements, except as herein provided, the Association or the offended Owner may commence an action to enforce any violated covenant and shall be entitled to recover such reasonable attorneys' fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith, if it/he prevails. 9.00 ALLOCATED INTERESTS 9.01 Determination of Interest. Each of the Units is hereby allocated a portion of the Common Expenses, and a portion of the votes in the Association as shown on the attached Exhibit B. The percentage allocation of interests specified in Exhibit B is calculated by dividing the area of the Unit into that total area of all Units. However, certain expenses may be assessed against a certain Unit or Units under Section 515B.3-115 of the Act. In addition, and not in limitation of the foregoing, the Association is specifically authorized to levy and collect assessments against different styles of Units, if any, which include different amounts for reserves and maintenance, repair and replacement of the different Unit styles. Any such difference shall be equitably assessed on the basis of (a) equality among similar Unit styles; (b) square footage of the area maintained, repaired or replaced; or (c) the actual cost incurred with respect to the each Unit. Insurance costs may be assessed in proportion to risk or coverage, and utilities in proportion to usage. 10.00 ASSESSMENTS 10.01 General Provisions. Section 515B.3-115 ofthe Act specifies how assessments are assessed and collected. Section 515B.3-116 specifies how the lien for assessments is created and enforced, and to which interests it is either superior or subordinate. 10.02 Annual Assessments. Annual assessments shall be established and levied by the Board, subject to limitations set forth herein. Each annual assessment shall COver all of the anticipated Common Expenses of the Association for that year. Annual assessments shall provide, among other things, for contributions to a reserve fund as provided by the Act. Until the termination of the period of Declarant Control described in Section 19, any increase in the annual assessment for a year shall not exceed the greater of (i) the increase in the U.S. Department of Labor Revised Consumer Price Index for Urban Wage Earners and Clerical Workers for All Items for Minneapolis/St. Paul for the prior year; or (ii) fIVe percent (5%) of the total annual assessment for the Association's 7