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CC&R ARTICLE 05: ASSESSMENTS
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5.1 Budget. The directors shall cause a budget to be prepared for each calendar year setting forth the annual common expenses which the directors estimate will be incurred for the calendar year. Metered Charges shall be separately estimated from the other charges in the budget. Common expenses shall include the estimated costs of the following:
5.1.1 Utilities. Water, refuse, electricity, telephone, and other utilities to the extent they are a liability of the Association, and are not separately metered or otherwise charged as the direct liability of the respective unit owners.
5.1.2 Goods. Goods, supplies and services required to maintain and repair the common elements.
5.1.3 Insurance. Insurance and bonds required by law and this Declaration and the Association.
5.1.4 Professional. Legal and accounting services needed for operation of the real property and enforcement of this Declaration, the rules and regulations adopted pursuant thereto, and the Association.
5.1.5 Reserves. An adequate reserve fund necessary for maintenance, repairs and replacement of those common elements that must be replaced on a periodic basis so that the cost thereof shall be payable in the regular assessments rather than by special assessment.
5.1.6 Other. Other costs and expenses as may be paid as common expenses as elsewhere provided for herein.
5.1.7 Contingency. A reasonable sum for contingencies. The budget shall contain a reduction for any surplus of assessments over actual expenditures and reserves for prior years and for any receipts expected from sources other than from assessments for the current year. Common expenses may include such other goods and services and reserves as the directors deem advisable for the benefit of the condominium, except that unless the holders of 60 percent of the votes in the Association shall first approve, no expenditures for capital improvements or addition shall be budgeted or made if the aggregate cost of such capital improvements and addition for the calendar year exceed the sum of $9,400. The exception shall not apply to expenditures for repair, construction and restoration of common elements as provided for herein.
5.2 Assessments. As of the first day of each calendar month during the calendar year there shall be assessed against each unit one-twelfth of the common expenses, excluding Metered Charges, divided by the number of units in the condominium. This assessment is herein referred to as the Monthly Assessment. In addition to the Monthly Assessment, from time to time as may be convenient, each unit shall be assessed its Metered Charges. Notwithstanding the foregoing, to the extent that any common expense is caused by the misconduct of any unit owner, the Association may assess that expense against the owner's unit at any time. The directors of the Association shall have the responsibility for levying and collecting assessments for common expenses in the manner provided for herein.
5.3 Assessments Due. A statement for the Monthly Assessment and for Metered Charges assessed against the owner's unit shall be mailed or delivered to each unit owner addressed to the owner's address shown in the Association's records. Notwithstanding the actual time the statement is rendered or the budget is adopted the board of directors may determine the period or periods for which an assessment has been made and its due date. Any assessment not paid within 30 days after the statement therefor is mailed or delivered to a unit owner shall be delinquent and bear interest as provided in RCW 64.34.364(13) from the due date specified until paid. However, no assessment may be delinquent and bear interest before such a statement is mailed or delivered as herein provided. Statements for the Monthly Assessment may be in the form of a coupon book.
5.4 Funds. The common expenses shall be paid from funds received because of such assessments and from other Association funds not specifically designated for other purposes, and such sums, together with any other receipts on behalf of the property, shall belong to the Association. Funds of the Association shall be kept in accounts in the name of the Association and shall not be commingled with funds of any manager of the Association or any other person responsible for the custody of the Association's funds. Any reserve funds of the Association shall be kept in a segregated account. Any transaction affecting Association funds, including the issuance of checks, shall require the signature of at least two persons who are officers or directors of the Association.
5.5 Surplus Funds. Surplus funds of the Association shall not be refunded to the unit owners or used to reduce future assessments but shall be held as funds of the Association and recognized in the budget as provided for in paragraph 5.1.
5.6 First Assessment. The Association shall make the first assessment for common expenses on the first calendar day of the calendar month following the first conveyance of a unit by the Declarant to a third party. Until the first assessment is made, the declarant shall pay all common expenses, provided that common expenses shall be prorated and adjusted between the Association and the Declarant as of the date that the first common expense assessment is made.
5.7 Contribution. In addition to the assessments herein provided for, at the time that the Declarant shall have conveyed a unit to a third party, a sum equal to two times the amount of the first Monthly Assessment made against the unit shall be paid or shall have been paid to the Association by the owner of the unit, provided that in any event at the time that the Declarant's right to control the Association terminates, such a sum shall be paid to the Association by the owner of each unit for which no such sum had been previously paid. Such sum shall be a contribution to working capital of the Association belonging to it, shall not be deemed an advance payment or security for common expense assessments, and is referred to as a "Contribution" herein.
Immediately on receipt, Contributions shall be deposited to a segregated fund in the name of the Association While the Declarant has control of the Association, no part of any Contribution may be used by the Declarant to defray any of Declarant's expenses, reserve contributions, or construction costs or make up any deficits in the budget.
Nothing shall prohibit the Declarant from taking reimbursement for Contributions previously made for a unit from funds collected from a purchaser of the unit.
5.8 Lien. Unpaid assessments and interest thereon shall constitute a fee on each unit against which the assessment was made. and the owner of the unit against which the assessment is made shall pay the amount before it is delinquent. The lien shall have the priority and may be enforced by the Association as provided by RCW 64.34.364, the provisions of which are incorporated herein as though here fully set forth. The lien shall not be affected by the sale or transfer of the unit, except that where foreclosure of a mortgage is involved, lien rights shall be affected as provided by statute.
5.9 Non-judicial Foreclosure. In order that the lien for unpaid assessments may be enforced non-judicially, the Declarant grants the condominium to Chicago Title Insurance Company, a corporation, as trustee, with power of sale of any unit in the condominium, for the benefit of the Association, as security for the payment of assessments. The units are not used principally for agricultural or farming purposes. The power of sale herein is operative in the case of default in the obligation to pay assessments. This Declaration may be amended as elsewhere provided for herein and as provided by law without the necessity of action, consent, joinder, or execution of the trustee; nonetheless, the trustee is instructed to join in and execute any such amendment to this Declaration at the request of the Association.
5.10 Unit Owner Liability. Each party who is an owner of a unit shall be jointly and severally obligated to pay the assessments which were assessed against the unit while the party was an owner of the unit. "Assessment" includes charges and fines, interest and late charges on a delinquent account, and costs of collection, including reasonable attorneys' fees in connection with the collection of a delinquent account. The personal obligation for assessments shall not pass to a successor in title unless the obligation is assumed by the successor. No unit owner may waive or otherwise escape liability for assessments by non-use of the common elements or abandonment of the owner's unit.
5.11 Rental Units. If a Unit is rented by its Owner, the rent is hereby pledged and assigned to the Association as security for the payment of all Assessments due by that Owner to the Association. If the Assessments owed by the Owner of a rented Unit are delinquent, the Board may collect, and the Tenant shall pay to the Board, the rent for any Unit owned by the delinquent Owner, or that portion of the rent equal to the amount due to the Association. The Tenant shall not have the right to question the Board's demand for payment. Payment by the Tenant to the Association will satisfy and discharge the Tenant's duty of payment to the Owner for rent, to the extent of the amount paid to the Association. No demand or acceptance of rent under this Section shall be deemed to be a consent or approval of the Unit rental or a waiver of the Owner's obligations as provided in the Declaration. The Board shall not exercise this power where a receiver has been appointed with respect to a Unit or Unit Owner; nor in derogation of the exercise of any rights to rents by a Lender. If a Tenant fails or refuses to pay rent to the Association as provided for in this Section, the Association shall have the right to bring an action for unlawful detainer for non-payment of rent under RCW 59.12.030, and the costs and attorneys' fees incurred by the Association in connection with that action shall be collectable from the Tenant in that action, and from the Owner of the Unit in the same manner as any other Assessment under this Article.
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