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201503252 amount of increase, if any, in the Regular Assessment from one Assessment Period to the next shall be subject to such limitations as may be imposed by Nebraska law. The Board shall give notice of the Regular Assessment to each Owner at least thirty (30) days prior to the beginning of each Assessment Period, but the failure to give such notice shall not affect the validity of the Regular Assessment established by the Board nor relieve any Owner from its obligation to pay the Regular Assessment. If the Board fails to adopt a budget for any Assessment Period, then until and unless such budget is adopted and a Regular Assessment is levied by the Board for such Assessment Period, the amount of the Regular Assessment for the immediately- preceding Assessment Period shall remain in effect. Unless approval or ratification of the budget or the Regular Assessment for any Assessment Period is required by law, neither the budget nor the Regular Assessment shall be required to be ratified or approved by the Members. If the Board determines during any Assessment Period that the funds budgeted for that Assessment Period are or will be inadequate to meet all Common Expenses for any reason, including without limitation nonpayment of Assessment by Owners, then the Board may amend the budget and increase the Regular Assessment for that Assessment Period and the revised Regular Assessment shall commence on the date designated by the Board. 9.3 Special Assessments. The Association may levy a Special Assessment against each Assessable Lot for the purpose of obtaining funds to pay the cost of any construction, reconstruction, repair, or replacement of an Improvement upon the Common Area (including fixtures and personal property related thereto) or to pay unbudgeted expenses or expenses in excess of the amount budgeted. Any Special Assessment must be approved by two- thirds (2/3) of the votes cast by Members who are voting in person or by proxy at a meeting duly called for such purpose. So long as the Declarant owns any Lot, any Special Assessment must be approved in writing by the Declarant. Any Special Assessment shall be levied in an equal amount against each Assessable Lot. 9.4 Subdivision Assessments. All Subdivision Expenses shall be shown separately in the budget adopted by the Board. The Subdivision Expenses shall be assessed solely against the Assessable Lots within the Subdivision Assessment Area. No Subdivision Expenses shall be used in computing the Regular Assessments to be levied pursuant to Section 9.2. Unless otherwise provided for in the applicable Supplemental Declaration, Subdivision Assessments shall be levied in an equal amount against each Assessable Lot within the Subdivision Assessment Area. If the Board determines during any Assessment Period that any Subdivision Assessment is or will be inadequate to pay all Subdivision Expenses for any reason, including without limitation nonpayment of Subdivision Assessments by Owners, then the Board may increase the Subdivision Assessment for that Assessment Period and the revised Subdivision Assessment shall commence on the date designated by the Board. In addition to a Subdivision Assessment assessed pursuant to this Section, the Association may assess a special Subdivision Assessment against each Assessable Lot within a Page 46 of 69