1. Until the association makes a common expense assessment, the declarant shall pay
all the common expenses. After any assessment has been made by the association, assessments thereafter shall
be made at least annually and shall be based on a budget adopted at least annually
by the association.
2. Except for assessments under subsections 3 and 4 of this section, all common expenses
shall be assessed against all the units in accordance with the allocations set forth
in the declaration pursuant to subsection 1 of section 448.2-107. Any past due common expense assessment or installment thereof shall bear interest
at the rate established by the association not exceeding eighteen percent per year.
3. To the extent required by the declaration:
(1) Any common expense associated with the maintenance, repair, or replacement of
a limited common element shall be assessed against the units to which that limited
common element is assigned, equally, or in any other proportion that the declaration
(2) Any common expense, or portion thereof, benefitting fewer than all of the units
shall be assessed exclusively against the units benefitted; and
(3) The costs of insurance shall be assessed in proportion to risk and the costs of
utilities shall be assessed in proportion to usage.
4. Assessments to pay a judgment against the association shall be made only against
the units in the condominium at the time the judgment was entered, in proportion to
their common expense liabilities.
5. If any common expense is caused by the misconduct of any unit owner, the association
may assess that expense exclusively against his unit.
6. 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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