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200900728 G. The Association, at the discretion of the Board, may establish a reserve fund for the maintenance, repairs, additions, alterations, improvements and replacement of those Common Elements that must be replaced periodically and such reserve fund shall be funded through the payments of the Common Expenses. Any deficiencies may be handled in the assessments for the subsequent year or through special assessments as provided in the following subparagraph. H. In addition to the assessments authorized above, the Association may at any time and from time to time determine, levy, and assess in any assessment year, which determination, levy, and assessment may be made by the Board with the consent by vote or agreement of a majority of the Board, a special assessment applicable to that particular assessment year for the purpose of defraying, in whole or in part, payments for any deficit remaining from a previous period and the unbudgeted costs, fees, and expenses of any construction, reconstruction, repair, demolition, replacement, or maintenance of the Common Elements, specifically including any related fixtures and personal property. The amounts determined, levied, and assessed pursuant hereto shall be divided among all of the affected and benefitted Units in proportion to the affected and benefitted Unit's Allocated Interest, and shall be due and payable as set forth in the Notice of Assessment promulgated by the Board. I. The Board may at any time, from time to time and without the Member's consent, determine, levy and assess in any assessment year a special assessment on any Unit for specific items, tools, or service performed for or delivered to said Unit by the Association or the Managing Agent on behalf of the Association (I) under a contract(s) between the Unit Owner or the tenant under lease and the Association or Managing Agent on behalf of the Association for goods, services, or repairs; (ii) due to the failure of the Unit Owner or its Guests to perform or deliver such items, tasks or services as required by the Condominium Documents; and (iii) due to the actions, intentional or negligent, of the Unit Owner or its Guests which causes damage anywhere in the Project. J. In addition to the regular and special assessments authorized by this Paragraph, the Association may levy penalty assessments which will include penalties or fines imposed against individual Owners for violations of the provisions of the Condominium Documents. Any such penalty assessments will be levied only after a notice and hearing as set out in the Operating Agreement. The Association may also impose reasonable charges for the preparation and recordation of amendments to this Declaration, resale certificates that may be required, or statements or liens of unpaid assessments. All penalties and said charges shall be treated as an assessment to said Unit and payment therefor shall be enforced and collected in the same manner as all other assessments, provided for herein. K. All Owners of a particular Unit shall be jointly and severally liable to the Association for the payment of all assessments attributable to such Unit, including the annual assessment for Common Expenses and special and penalty assessments assessed against their particular Condominium Unit. -11-