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6.1. B. - Page 58 B. Assessments - Emergency Situations. Notwithstanding the foregoing, the Board, without membership approval, may increase Regular Assessments or levy Special Assessments necessary for an emergency situation in amounts that exceed the limits set forth in Section 4.4.A, above. For purposes of this Section, an emergency situation is one of the following: (1) an extraordinary expense required by an order of a court, (2) an extraordinary expense necessary to repair or maintain the Project or any part of it for which the Association is responsible where a threat to personal safety on the Project is discovered, or, (3) an extraordinary expense necessary to repair or maintain the Project or any part of it for which the Association is responsible that could not have been reasonably foreseen by the Board in preparing and distributing the pro forma operating budget, provided, however, that prior to the imposition or collection of the Assessment, the Board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process and the resolution shall be distributed to the Members with the notice of the Assessment. The Association shall provide to the Owners, by first -class mail, notice of any increase in the Regular Assessments or Special Assessments of the Association, not less than thirty (30) nor more than sixty (60) days prior to the increased Assessment becoming due. This Section 4.4.13 incorporates the statutory requirements of California Civil Code § 1366. If this Section of the California Civil Code is amended in any manner, this Section 4.4.8 shall be automatically amended in the same manner without the necessity of amending this Declaration. C. Notice and Quorum for Any Action Authorized Under Section 4.4: Any action authorized under Section 4.4, which requires a vote of the membership, shall be taken at a meeting called for that purpose, written notice of which shall be personally delivered or mailed to all Members not less than ten (10) nor more than ninety (90) days in advance of the meeting specifying the place, day and hour of the meeting and, in the case of a special meeting, the nature of the business to be undertaken. The action may also be taken without a meeting pursuant to the provisions of California Corporations Code §7513. 4.5. Division of Assessments: Both Regular Assessments and Special Assessments shall be levied equally among the Condominiums, except for that portion of the Assessments specially allocated to meet the cost of insurance, painting and roof reserves, and any commonly metered domestic water, gas or electricity. These specially allocated items shall be levied among the Condominiums in the proportion that the square footage of living space of each Unit bears to the square footage of all the Units subject to the Declaration as determined by Declarant's plans and set forth in the Budget to be submitted to the Department of Real Estate. Regular Assessments shall be collected on a monthly basis unless the Board directs otherwise. Special Assessments may be collected in one (1) payment or periodically as the Board shall direct. Declarant may elect to operate the Project as rental property before the Units are offered for sale to the public. In this event, Declarant may transfer title to one (1) Condominium to a third party after the recordation of the Declaration solely for the purpose of establishing the Condominium regime. Such a transfer shall not be deemed a conveyance to an Owner under authority of a Public Report for the purpose of commencing Assessments hereunder. 4.6. Date of Commencement of Regular Assessment; Due Dates: Regular Assessments shall commence as to all Condominiums on the first day of the month following the first conveyance of a Condominium to an individual Owner under authority of a Public Report. The 14 03/06/12 T:IWPWIN601PROJECTS033 MAIN STREET \DEC - DRAFTING FORM[7][03 06 12].doc