(a) General rule.--Until
the association makes a common expense assessment, the declarant shall pay
all the expenses of the planned community. After any assessment has been
made by the association, assessments shall be made at least annually, based
on a budget adopted at least annually by the association. The budgets of
the association shall segregate limited common expenses from general common
expenses if and to the extent appropriate.
(b) Allocation and
interest.--Except for assessments under subsection (c), all common expenses
shall be assessed against all the units in accordance with the common expense
liability allocated to each unit in the case of general common expenses
and in accordance with subsection (c) in the case of special allocation
of expenses. Any past due assessment or installment thereof shall bear interest
at the rate established by the association at not more than 15% per year.
(c) Special allocations
of expenses.--Except as provided by the declaration:
(1)
Any common expense associated with the maintenance, repair or replacement
of a limited common element shall be assessed in equal shares against the
units to which that limited common element was assigned at the time the
expense was incurred.
(2) Any common expense
benefiting fewer than all of the units shall be assessed exclusively against
the units benefited.
(3) The costs of
insurance shall be assessed in proportion to risk, and the costs of utilities
that are separately metered to each unit shall be assessed in proportion
to usage.
(4) If a common
expense is caused by the negligence or misconduct of any unit owner, the
association may assess that expense exclusively against his unit.
(d) Reallocation.--If
common expense liabilities are reallocated, common expense assessments and
any installment thereof not yet due shall be recalculated in accordance
with the reallocated common expense liabilities.
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