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201309222
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Last modified
8/19/2014 2:24:43 PM
Creation date
11/22/2013 8:53:25 AM
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DEEDS
Inst Number
201309222
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8.2 Regular Assessments. <br />8.4 Subdivision Assessments. <br />Page 45 of 68 <br />201309222 <br />At least thirty (30) days prior to the commencement of each Assessment Period, the <br />Board shall prepare and adopt a budget of the estimated Common Expenses for the next <br />Assessment Period, including any contribution to be made to a reserve fund. The budget shall <br />also reflect the sources and estimated amounts of funds to cover such Common Expenses, which <br />may include any surplus to be applied from prior years, any income expected from sources other <br />than Assessments, and the amount to be generated through Assessments against the Lots. Based <br />on the budget adopted by the Board, the Board shall assess a Regular Assessment against each <br />Assessable Lot. The Regular Assessment shall be the same for each Assessable Lot. The <br />amount of increase, if any, in the Regular Assessment from one Assessment Period to the next <br />shall be subject to such limitations as may be imposed by Nebraska law. <br />The Board shall give notice of the Regular Assessment to each Owner at least thirty (30) <br />days prior to the beginning of each Assessment Period, but the failure to give such notice shall <br />not affect the validity of the Regular Assessment established by the Board nor relieve any Owner <br />from its obligation to pay the Regular Assessment. If the Board fails to adopt a budget for any <br />Assessment Period, then until and unless such budget is adopted and a Regular Assessment is <br />levied by the Board for such Assessment Period, the amount of the Regular Assessment for the <br />immediately - preceding Assessment Period shall remain in effect. Unless approval or ratification <br />of the budget or the Regular Assessment for any Assessment Period is required by law, neither <br />the budget nor the Regular Assessment shall be required to be ratified or approved by the <br />Members. <br />If the Board determines during any Assessment Period that the funds budgeted for that <br />Assessment Period are or will be inadequate to meet all Common Expenses for any reason, <br />including without limitation nonpayment of Assessment by Owners, then the Board may amend <br />the budget and increase the Regular Assessment for that Assessment Period and the revised <br />Regular Assessment shall commence on the date designated by the Board. <br />8.3 Special Assessments. <br />The Association may levy a Special Assessment against each Assessable Lot for the <br />purpose of obtaining funds to pay the cost of any construction, reconstruction, repair, or <br />replacement of an Improvement upon the Common Area (including fixtures and personal <br />property related thereto) or to pay unbudgeted expenses or expenses in excess of the amount <br />budgeted. Any Special Assessment must be approved by two- thirds (2/3) of the votes cast by <br />Members who are voting in person or by proxy at a meeting duly called for such purpose. So <br />long as the Declarant owns any Lot, any Special Assessment must be approved in writing by the <br />Declarant. Any Special Assessment shall be levied in an equal amount against each Assessable <br />Lot. <br />All Subdivision Expenses shall be shown separately in the budget adopted by the Board. <br />The Subdivision Expenses shall be assessed solely against the Assessable Lots within the <br />Subdivision Assessment Area. No Subdivision Expenses shall be used in computing the Regular <br />
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