§ 34-36.1-3.15 Assessments for commonexpenses. – (a) Until the association makes a common expense assessment, the declarantshall pay all common expenses. After any assessment has been made by theassociation, assessments must be made at least annually, based on a budgetadopted at least annually by the association.
(b) Except for assessments under subsections (c) – (e),all common expenses must be assessed against all the units in accordance withthe allocations set forth in the declaration pursuant to §34-36.1-2.07(a). Any past due common expense assessment or installment thereofbears interest at the rate established by the association not exceedingtwenty-one percent (21%) per year.
(2) Except in the case of a condominium in which all unitsare restricted to non-residential use, the declarant must pay common expenseassessments to the association on all units it owns once a common expenseassessment is imposed; the obligation of the declarant to pay common expenseassessments on the units it owns shall commence when the declaration or anamendment to a declaration adding units to a condominium is recorded, for thoseunits referenced in the declaration or in any amendment to the declaration,pursuant to § 34-36.1-2.01.
(c) To the extent required by the declaration:
(1) Any common expense associated with the maintenance,repair or replacement of a limited common element must be assessed against theunits to which that limited common element is assigned, equally, or in anyother proportion that the declaration provides;
(2) Any common expense or portion thereof benefiting fewerthan all of the units must be assessed exclusively against the unitsbenefitted; and
(3) The costs of insurance must be assessed in proportion torisk and the costs of utilities must be assessed in proportion to usage.
(d) Assessments to pay a judgment against the association maybe made only against the units in the condominium at the time the judgment wasentered, in proportion to their common expense liabilities.
(e) If any common expense is caused by the misconduct of anyunit owner, the association may assess that expense exclusively against his orher unit.
(f) If common expenses liabilities are reallocated, commonexpense assessments and any installment thereof not yet due shall berecalculated in accordance with the reallocated common expense liabilities.
(g) Whenever an assessment for common expenses has remainedunpaid for a period of sixty (60) days, and the condominium unit is occupied bya tenant, the association may subject to the rights of a superior lienholdermake demand upon the tenant for payment of the amount in arrears, and forpayment of succeeding assessments on a monthly basis. All amounts paid directlyto the association shall be used as a credit against the rent owed foroccupancy of the unit.
(2) Acceptance by an association of payments made by a tenantshall not constitute a waiver of any other rights an association may have withrespect to the collection of assessments.
§ 34-36.1-3.15 Assessments for commonexpenses. – (a) Until the association makes a common expense assessment, the declarantshall pay all common expenses. After any assessment has been made by theassociation, assessments must be made at least annually, based on a budgetadopted at least annually by the association.
(b) Except for assessments under subsections (c) – (e),all common expenses must be assessed against all the units in accordance withthe allocations set forth in the declaration pursuant to §34-36.1-2.07(a). Any past due common expense assessment or installment thereofbears interest at the rate established by the association not exceedingtwenty-one percent (21%) per year.
(2) Except in the case of a condominium in which all unitsare restricted to non-residential use, the declarant must pay common expenseassessments to the association on all units it owns once a common expenseassessment is imposed; the obligation of the declarant to pay common expenseassessments on the units it owns shall commence when the declaration or anamendment to a declaration adding units to a condominium is recorded, for thoseunits referenced in the declaration or in any amendment to the declaration,pursuant to § 34-36.1-2.01.
(c) To the extent required by the declaration:
(1) Any common expense associated with the maintenance,repair or replacement of a limited common element must be assessed against theunits to which that limited common element is assigned, equally, or in anyother proportion that the declaration provides;
(2) Any common expense or portion thereof benefiting fewerthan all of the units must be assessed exclusively against the unitsbenefitted; and
(3) The costs of insurance must be assessed in proportion torisk and the costs of utilities must be assessed in proportion to usage.
(d) Assessments to pay a judgment against the association maybe made only against the units in the condominium at the time the judgment wasentered, in proportion to their common expense liabilities.
(e) If any common expense is caused by the misconduct of anyunit owner, the association may assess that expense exclusively against his orher unit.
(f) If common expenses liabilities are reallocated, commonexpense assessments and any installment thereof not yet due shall berecalculated in accordance with the reallocated common expense liabilities.
(g) Whenever an assessment for common expenses has remainedunpaid for a period of sixty (60) days, and the condominium unit is occupied bya tenant, the association may subject to the rights of a superior lienholdermake demand upon the tenant for payment of the amount in arrears, and forpayment of succeeding assessments on a monthly basis. All amounts paid directlyto the association shall be used as a credit against the rent owed foroccupancy of the unit.
(2) Acceptance by an association of payments made by a tenantshall not constitute a waiver of any other rights an association may have withrespect to the collection of assessments.
§ 34-36.1-3.15 Assessments for commonexpenses. – (a) Until the association makes a common expense assessment, the declarantshall pay all common expenses. After any assessment has been made by theassociation, assessments must be made at least annually, based on a budgetadopted at least annually by the association.
(b) Except for assessments under subsections (c) – (e),all common expenses must be assessed against all the units in accordance withthe allocations set forth in the declaration pursuant to §34-36.1-2.07(a). Any past due common expense assessment or installment thereofbears interest at the rate established by the association not exceedingtwenty-one percent (21%) per year.
(2) Except in the case of a condominium in which all unitsare restricted to non-residential use, the declarant must pay common expenseassessments to the association on all units it owns once a common expenseassessment is imposed; the obligation of the declarant to pay common expenseassessments on the units it owns shall commence when the declaration or anamendment to a declaration adding units to a condominium is recorded, for thoseunits referenced in the declaration or in any amendment to the declaration,pursuant to § 34-36.1-2.01.
(c) To the extent required by the declaration:
(1) Any common expense associated with the maintenance,repair or replacement of a limited common element must be assessed against theunits to which that limited common element is assigned, equally, or in anyother proportion that the declaration provides;
(2) Any common expense or portion thereof benefiting fewerthan all of the units must be assessed exclusively against the unitsbenefitted; and
(3) The costs of insurance must be assessed in proportion torisk and the costs of utilities must be assessed in proportion to usage.
(d) Assessments to pay a judgment against the association maybe made only against the units in the condominium at the time the judgment wasentered, in proportion to their common expense liabilities.
(e) If any common expense is caused by the misconduct of anyunit owner, the association may assess that expense exclusively against his orher unit.
(f) If common expenses liabilities are reallocated, commonexpense assessments and any installment thereof not yet due shall berecalculated in accordance with the reallocated common expense liabilities.
(g) Whenever an assessment for common expenses has remainedunpaid for a period of sixty (60) days, and the condominium unit is occupied bya tenant, the association may subject to the rights of a superior lienholdermake demand upon the tenant for payment of the amount in arrears, and forpayment of succeeding assessments on a monthly basis. All amounts paid directlyto the association shall be used as a credit against the rent owed foroccupancy of the unit.
(2) Acceptance by an association of payments made by a tenantshall not constitute a waiver of any other rights an association may have withrespect to the collection of assessments.
