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2009_0126_Packet
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2009_0126_Packet
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49126f2008 13:17 <br />,, . <br />{FA}()8516902613 P.011l�34 <br />Attachment D <br />at the time the judgment was entered, in proportion to their Commfln F,xpense <br />liabilities.. <br />6.4.7 If any damage to the Common Elements or another Unit or any <br />portion af tlie Owner's U�t that the Assacia�ion is ob�igated to maintain <br />here�nder is caused by tt�e act or omission o� an Qwr�er or Occupant, or their <br />gt�ests, the Association may asse�s fihe casts of repairing the da.mage exclusively <br />agains� the 4wner's Unit to the extent not covered by insurance. <br />6.4.8 If Comrnon Expense liabilifies are reailocated for any purpose <br />authorized by #he Act, Assessments and any installm�nt thereof not yet d�e s�l <br />be recalcu[ated ir� accorda�ce vvith the reallocated Coinmon Expense liabilities. <br />Assessments Ievi.ed under Sections 6.4.1 ttu�ough 6.4.7 may, at the Board's discretion, be <br />assessed. as a part af, or in addition to, other Assessments levied under Sectian 6.1 ar 6.2. <br />6.5 �Vorkin� Capital Fund. There shalI be established a working �apital fund <br />to meet unforeseen expendit�-es or budget shorifalls, or to purcl�ase additional equipment � <br />or sarvices for tile Association. The Board may inc�ude iza each subsequent annual budget <br />a reasonab�e amau�it of working capital, based upon t�e anticipated needs of the <br />Association foz' the year in question_ The Association may use the woz'king capital fiand to <br />offset operating deficiis. The cantributions fo this fund are in addition to the regu�ar <br />install�nenfs of annual Assessmentis and aae not refwidable. <br />b.6 Liabiiity o� Owners for Assessments. The Qwner of the Unit at the tirr�e <br />an Assessment is payable wifih respect to the Unit shall be personally liable for ihe share <br />of the Cammon Expenses assessed against such Unit. Suah liability shall be loint and <br />several where there are m►�Itiple Owners of the Unif. The liabili�y is absoiute and <br />unconditional. No Owner is exempt fiom liability far payment af Assessments by right of <br />set-of�; by wai�er of use ar enjoyment of any part of the Praperty; by absence fram or <br />ahaadonment of the Unit, by the waiver of any ot�er rights, ar by reasan of any c�aim <br />against the Associa#i.on or its afficers, c3.irectars or agents, ar for their failure to fitlfill any <br />duiies under the Gove�ning Documents ar the Act. <br />6.'7 Asscssmcn� Licn. The Associatiqn has a lien on a Unit for any <br />Assessment levied against that Unit from the time t�e Assessment becomes due. I� an <br />Assessment is payable in installments, the fuli amouni of the Assessment is a�ien fram <br />the time the first installmen.t ihereof becomes due. Fees, charges, late charges, fines and <br />interest charges imposed �y the Association purs�ant to Sect�on S 15B.3-102(a)(10), (11) <br />and (12j of the Act are liens, and are .enfarceable as Assessments, under ihis Sec�ion 5. <br />Recarding of the Declaration constitutes record notice a.nd perfection of any lien �der <br />this Section b, and no further recordatian of any natice af or c�aim for the lien is reqi,ured. <br />The relea.se of �he lien sha1l not release the Owner frorn personal liabiifty �iless agreed to <br />in writing by the Association. <br />1Q <br />
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