Uniform Planned Community Act — Assessments for Common Expenses

Section 5314.0 - Title 68 - REAL AND PERSONAL PROPERTY 68c5314s § 5314.  Assessments for common expenses. (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. 68c5314v   Cross References.   Section 5314 is referred to in sections 5102, 5103, 5312, 5315 of this title.