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HomeMy WebLinkAbout0502 If a budget is adopted by the Board of Directors which requires assessment against the Unit Owners i~ any f.iscal or calendar year exceeding 115% of such assessments for the preceding year, upon written appl~~ation of ten percent ;~^°!) of the Unit Owners to the Board of Directors, a snecial meeting of the Unit Owners (members) shall be held upon not less thaii ~cr~ ~~0) days written notice to each Unit Owner, but within thirty (30) days of the delivery of such application to the Board of Directors or anv member thereof~ at which special meeting Unit Owners shall consider and enact a budget. The revision or adoption of the budget shall require a vote of not less than three-fourths (3/4) of the whole number of all Unit Owners, The Board of Directors may in any event propose a budget to the Unit Owners at a meeting of inembers or by writing~ and if such bud~et or proposed budget be approved by the Unit Owners at the meetin~, or bv a majority of their whole number by a writing, such budget shall be adopted and such budget ~hall not thereafter be reexamined by the-Unit Owners in the manner hereinabove set forth. In determining whether assessments exceed 115%, of similar assessments in prior years, there shall be excluded in the computation anv authorized provision for reasonable reserves made by the Board of Directors in respect of renair or replacement of the Condominium Property or in respect of anticipated expenses by the Association which are not- anticinate~ to be incurred on a regular or annual basis and there shall be excluded from such computation assessments for reserves for betterments to the Condominium Propertv. Provided~ however, that so lonQ as the Develoner is in control of the Board of Directors, the Board shall not imnose an assessment for a year greater than 115% of the prior fiscal or calendar year's assessment without approval of a majority of the Unit Owners. ' Section 6. The Board of Directors may require that a fidelit_y bon~shall be obtained for all officers or directors of the corporation who control or disburse the corporation funds. The amount of such bond shall be determined by the Board of Directors and the premium on such bond shall be paid by the corporation as an item of_ general expense. Section 7. All assessments paid bv members of the corporation ror the maintenance and operation of the condominium shall be utilized by the corporation for the purpose of said assessments. Any excess of monies received from said assessments paid by any members shall be held by the corpo~aCion for the use and benefit of the members. Any surplus held by the corporation after the payment of expenses for maintaining and operating the general common elements shall be considered as general surplus and held for the benefit of all members. No distributions of any surplus shall he made in cash to the members at anv time. ~ Section 8. ' A. The Board of Directors of the A_ssociation shall fix and determine from time to time the'sum or sums necessary and adequate for the Common Expenses of the Condominium. Common Expenses shall include expenses for the operation, maintenance, repair or replacement of the Common Elements and the Limited Common Elements, costs of carrving out the powers and duties of the Association, all insurance premiums and exnenses related thereto, including fire and extended coverage and liability insurance~ reasonable reserves and contingency funds, and any other expenses desipnated a~;K3~9 rnc~ ~