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Section 1. Section 2. Section 1. ARTICLE VIII COMMON ELEMENTS Common Elements. As specified in Section 515B.1-103(7) of the Act, Common Elements shall mean all portions of the Common Interest Community other than the units. Limited Common Elements. Certain portions of the Common Elements are allocated for the exclusive use of one or more but fewer than all of the Units. In addition to the Limited Common Elements specified in Sect. 515B.2-102(d)(f) of the Act, Limited Common Elements shall include balconies and parking spaces serving second floor units allocated to a Unit as depicted on the CIC Plat. Garage spaces and storage lockers, but no other Limited Common Elements, may be re-allocated from one unit to another in the manner described in Subsection 515B.2-109(c) of th e Act. ARTICLE IX ALLOCATED INTEREST Allocation. Each of the Units is hereby allocated for the percentage of the undivided interest in the common elements and in the common expenses of the Association, and a portion of the votes in the Association, specified in Exhibit A attached to this Declaration. However, certain expenses may be assessed on a different basis, or against one or fewer than all Units, under the following circumstances: a. Any common expenses associated with the maintenance, repair, replacement of a Limited Common Element undertaken by the Association may be assessed exclusively against the Unit or Units to which the Limited Common Element is assigned, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost incurred with respect to each Unit. b. Any common expense or portion thereof benefiting fewer than all of the Units may be assessed specifically against the Units benefited, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost incurred with respect to each Unit. c. The cost of insurance may be assessed in portion to the value, risk or coverage and the cost of utilities may be assessed in portion to usage. d. Reasonable attorney's fees and other costs incurred by the Association in connection with (i) collection of assessments and (ii) the enforcement of Declaration, By-Laws, the Act, or the rules or regulations against an owner or occupant or their guest, may be assessed against the owner's Unit. 3