Agmt02 Maria La Rocca Estates - Laserfiche WebLink

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The Board must comply with the provisio] s of Section 1366 of the California Civil Code prior to any increase in assessments. Within one hundred and twenty (120) da~s after the end of eac.a fiscal year, the owners shall receive an accounting of assessment r_c ....... t.. and disbursements for that fisc~! year ~SQ'~on 3 Sp~cia! Assessments: In addition to the regular assessments authorized herein, the Board may levy, in any fiscal year, a special assessment applicable t~ that year for capital improvements, correction of inadequacy (,f the maintenance ~und,~J defraying, in whole or in part, the cos~ of any construction or unexpected repair or replacement of improv ~ents in the c~=,~on area~ and .such other matters as the Board may de~ appropriate; provided, however, that the Board may not levy special assessments without~ complying with the provisions of Sectio~ 1366 of the California Civil Code. ~ i: Notwithstanding any other provisions contained in this Article, the~ Board may increase assessments necessary for emergency situations pursuant to Section 1366 of the Californi~ Civil Code. Any such special assessment shall be levied among all Lots in equal amounts. Section 4 Reimbursement Charges: Th~. Board shall levy a reimbursement charge against any Owner arld the Lot owned by such Owner whose failure to comply with this Eeclaration, the By-Laws or the Rules has necessitated an expenditure of monies by the Association from the maintenance fund to Dring such Owner and Lot into compliance with said instruments or ~n otherwise performing its functions under this Declaration. Such! charge shall be for the purpose of reimbursing the Association and ;hall be due and payable to the Association when levied. .Section 5 Non-Waiver of Assessments: The omission by the Board, before the expiration of any year, to fix ]e assessments for that or the next year shall not be deemed a wa2.ver or modification in any respect of the provisions of this Decl~ration or a release of any Lot Owner from the obligations to pay '~he assessments, or any installment thereof, for that or any subsequent year. In the instance of such omission, the assessment 'ixed for the preceding year shall continue until a new assessment s fixed. No Lot Owner may waive or otherwise escape liabilit~ for the assessments provided for herein by non-use of the comm¢~n area, ~bandonment of the Lot or any attempt to renounce rights n the common area.