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<br />200807402
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<br />e. Each Unit Owner shall be obligated to pay all charges for any separately metered
<br />utilities, including but not limited to electricity, water, gas and cable television,
<br />servicing its Unit. In the event that any utilities are not separately metered, then such
<br />utility service shall be part of the expenses Assessments as hereinbefore provided and
<br />shall be allocated to Units benefiting from such service. Allocations shall be based
<br />on appropriate respective Allocated Interests; provided, however, that all water
<br />charges shall be allocated based upon a reasonable estimate of water usage in a
<br />manner determined by the Board.
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<br />f. The omission or failure to fix the Assessment or deliver or mail a statement for any
<br />period shall not be deemed a waiver, modification, or release of the Unit Owner from
<br />the Unit Owner's obligations to pay the same.
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<br />g. The Association, at the discretion of the Board, may establish a reserve fund for the
<br />maintenance, repairs, additions, alterations, improvements and replacement of those
<br />Common Elements and Limited Common Elements that must be replaced
<br />periodically and such reserve fund shall be funded through the payments of the
<br />expenses, including the advances for working capital provided for in Section 22
<br />(Assessment Reserves and Working Capital Account). Any deficiencies may be
<br />handled in the Assessments for the subsequent year or through special Assessments
<br />as provided in subsection (h) herein.
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<br />h. In addition to the Assessments authorized above, the Board may at any time and
<br />from time to time determine, levy, and assess in any Assessment year, a special
<br />Assessment applicable to that particular Assessment year for the purpose of
<br />defraying, in whole or in part, payments for any deficit remaining from a previous
<br />period and the unbudgeted costs, fees, and expenses of any construction,
<br />reconstruction, repair, demolition, replacement, or maintenance of the Common
<br />Elements and Limited Common Elements, specifically including any fixtures and
<br />personal property relating thereto. The amounts determined, levied, and assessed
<br />pursuant hereto shall be divided among all of the affected and benefited Units in
<br />proportion to the affected and benefited Unit's Allocated Interests, and shall be due
<br />and payable as set forth in the Notice of Assessment promulgated by the Board.
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<br />1. The Board may at any time, from time to time, and without the Unit Owner's
<br />consent, determine, levy and assess in any Assessment year a special Assessment on
<br />any Unit for specific items, tools, or service performed for or delivered to said Unit
<br />by the Board or the managing agent on behalf of the Association (i) under a
<br />contract(s) between the Unit Owner or the tenant under lease and the Board or
<br />managing agent on behalf of the Association for goods, services, or repairs; (ii) due
<br />to the failure of the Unit Owner or its tenants, agents, employees, or invitees to
<br />perform or deliver such items, tasks or services as required by the Condominium
<br />Documents; and (iii) due to the actions, intentional or negligent, of the Unit Owner or
<br />its tenants, agents, employees, or invitees which causes damage anywhere in the
<br />Condominium.
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