(a) Until an association makes a common expense assessment, a declarant shall pay
all the expenses of the condominium as the expenses accrue. After an initial assessment by an association, assessments must be made at least
annually and must be based on a budget adopted at least annually by the association. The association's reserves and the unit owners' working capital contributions may
not be used to pay operational expenses until the declarant control terminates.
(b) From the date of the initial assessment until declarant control terminates, or
three years from a declarant's first conveyance of a unit, whichever is earlier, the
declarant shall periodically pay to the association:
(1) an amount equal to all operational expenses of the association, less the operational
expense portion of the assessments paid by unit owners other than declarant; or
(2) the common expense liability allocated to each unit owned by the declarant.
(c) Common expenses shall be assessed against all units conveyed, rented, or used
as models or offices by the declarant and against all units owned by a declarant after
termination of a declarant's control or three years from a declarant's first conveyance
of a unit, whichever is earlier, in accordance with the common expense liability allocated
to each unit. A past due assessment or installment of an assessment may bear interest at a lawful
rate established by the association.
(d) Except as provided by the declaration and Section 82.107, a common expense for the maintenance, repair, or replacement of a limited common
element shall be assessed against all the units as if it were for a general common
(e) If common expense liabilities are reallocated, common expense assessments and
an assessment installment not yet due shall be recomputed in accordance with the reallocated
common expense liabilities.
(f) A declaration may allow the accumulation of reserve funds for an unspecified period
to provide for any anticipated expense of the condominium.
(g) This section does not prevent a declarant from collecting from a purchaser at
closing the prorated amount of any expenses, such as insurance or taxes, that the
declarant has prepaid to the association or directly to others on behalf of the unit
that is being purchased.
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