AgdaPkt 2014-06-23 Closed and Joint SA

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7.1.L. - Page 83 late penalty in an amount to be set by the Board from time to time, not to exceed the maximum amount permitted by law. 6.9 Allocations of Regular and Special Assessments. Regular and special assessments levied by the Board shall be allocated among the Condominiums described in Sections 6.9.1 and 6.9.2. Notwithstanding anything herein to the contrary, if the use of any Condominium, the equipment or facilities maintained in any Condominium or any related reason results in an increase in the Association costs, including, but not limited to, increases in maintenance and repair costs, trash removal costs, commonly- metered utility costs or insurance costs, the Board may allocate the amount of the increase to the Condominium or Condominiums responsible for the increase. 6.9.1 Garage Costs. All costs to: (i) inspect, maintain, repair and replace the Improvements within the garage maintained by the Association, including related administration costs and(ii) to operate utilities serving the garage shall be prorated among the Condominiums based on the proportionate number of Exclusive Use Common Area garage or parking spaces appurtenant to a Condominium bears to the total number of garage and parking spaces within the garage that are appurtenant to Condominiums as Exclusive Use Common Area. 6.9.2 Remaining Costs. All remaining costs and reserves shall be allocated equally among the 18 Units. 6.10 Enforcement of Delinquent Assessments. The Association may elect to pursue one or more of the following remedies in the event of a delinquent assessment: 6.10.1 Personal Obligation. The Association may bring a legal action directly against the Owner for breach of the Owner's personal obligation to pay the assessment and in such action shall be entitled to recover the delinquent assessment or assessments, accompanying late charges, interest, costs and reasonable attorneys'fees. Commencement of a legal action shall not constitute a waiver of any lien rights as described in Section 6.10.2. 6.10.2 Assessment Lien. Except as otherwise provided in Section 6.5,the Association may impose a lien against the Owner's Condominium for the amount of the delinquent assessment or assessments, plus any costs of collection (including attorneys'fees), late charges and interest by taking the following steps: (i) At least 30 days prior to recording a lien upon the Owner's Condominium to collect a delinquent assessment, the Association shall notify the Owner in writing by certified mail of the following (the"Delinquency Notice"): (a) A general description of the collection and lien enforcement procedures of the Association and the method of calculation of the amount,a statement that the Owner of the Condominium has the right to inspect the Association records, pursuant to section 8333 of the Corporations Code, and the following statement in 14-point boldface type, if printed, or in capital letters, if typed: "IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION". (b) An itemized statement of the charges owed by the Owner,including items on the statement which indicate the amount of any delinquent assessments, the fees and reasonable costs of collection, reasonable attorneys' fees, any late charges, and interest, if any. (c) A statement that the Owner shall not be liable to pay the charges, interest, and costs of collection, if it is determined the assessment was paid on time to the Association. (d) The right to request a meeting with the Board as provided by Section 6.10.2(e). CLSS\51643\927586.5 29 June 16,2014