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7.1.F. - Page 84
<br /> D. Assessments - Emergency Situations. Notwithstanding the foregoing, the
<br /> Board, without membership approval, may increase Regular Assessments or levy Special
<br /> Assessments necessary for an emergency situation in amounts that exceed the limits set forth in
<br /> Section 4.4.A, above. For purposes of this Section, an emergency situation is one of the
<br /> following:
<br /> (1) an extraordinary expense required by an order of a court,
<br /> (2) an extraordinary expense necessary to repair or maintain the Project
<br /> or any part of it for which the Association is responsible where a threat to personal safety on the
<br /> Project is discovered, or,
<br /> (3) an extraordinary expense necessary to repair or maintain the Project
<br /> or any part of it for which the Association is responsible that could not have been reasonably
<br /> foreseen by the Board in preparing and distributing the pro forma operating budget, provided,
<br /> however, that prior to the imposition or collection of the Assessment, the Board shall pass a
<br /> resolution containing written findings as to the necessity of the extraordinary expense involved and
<br /> why the expense was not or could not have been reasonably foreseen in the budgeting process
<br /> and the resolution shall be distributed to the Members with the notice of the Assessment.
<br /> The Association shall provide to the Owners, by first-class mail, notice of any increase in
<br /> the Regular Assessments or Special Assessments of the Association, not less than thirty (30) nor
<br /> more than sixty (60) days prior to the increased Assessment becoming due.
<br /> E. Notice and Quorum for Any Action Authorized Under Section 4.4: Any
<br /> action authorized under Section 4.4, which requires a vote of the membership, shall be taken at a
<br /> meeting called for that purpose, written notice of which shall be personally delivered or mailed to
<br /> all Members not less than ten (10) nor more than ninety (90) days in advance of the meeting
<br /> specifying the place, day and hour of the meeting and, in the case of a special meeting, the
<br /> nature of the business to be undertaken. The action may also be taken without a meeting
<br /> pursuant to the provisions of California Corporations Code §7513.
<br /> 4.5. Division of Assessments: Both Regular Assessments and Special Assessments shall
<br /> be levied among the Condominiums, as follows:
<br /> A. Annual and Special Assessments for Residential Common Expenses,
<br /> General Use Common Expenses and Garage Expenses, as such terms are defined in this Section
<br /> 4.5 and itemized in the Operating Budget for the Association (the "Association Budget"), shall be
<br /> assessed to each Unit Owner as set forth below and as more specifically itemized in the
<br /> Association Budget.
<br /> B. "General Use Common Expenses" are those expenses relating to both the
<br /> Residential Units and Commercial Units and Common Area used by both the Residential Unit
<br /> Owners and Commercial Unit Owners. General Use Common Expenses shall be allocated and
<br /> assessed to each Unit Owner, including both the Owners of Residential Units and the Owner of
<br /> Commercial Units, as set forth below and as more specifically itemized in the Association Budget.
<br /> The General Use Common Expenses fall within the following general categories: [1] general
<br /> association administration, [2] association insurance as stated in Article VIII; [3] General Use
<br /> Common Area Expenses as more particularly stated in subsection B.(1) below for maintenance,
<br /> custodial, security and life safety, utilities, and reserves for replacement/repair of those portions of
<br /> the Common Area used by both the Residential Owners and the Commercial Owners as the
<br /> "General Use Common Areas". General Use Common Expenses shall exclude those items that are
<br /> Residential Common Expenses or Garage Expenses.
<br /> (1) The General Use Common Area Expenses shall include and be limited
<br /> to: [a] roof maintenance of Buildings for roofing systems (built up roofing, roof deck waterproofing,
<br /> roof drainage, skylights), [b] maintenance of exterior surfaces of Buildings (awning-metal, brick
<br /> repair, caulking, exterior doors, metal cornice repair, polymer panel repair, metal railing repair,
<br /> stone repair, stucco paint, stucco repair), [c] trash removal and collection, exclusive of costs
<br /> related to the trash chutes[d] security and life safety systems and equipment for the Project (fire
<br /> alarm system-monitoring, fire alarm system-service and inspection, fire sprinkler system-service
<br /> and Inspection, miscellaneous security and life safety, including electrical wiring, central equipment,
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