4314 - Assessments for common expenses.

     § 4314.  Assessments for common expenses.        (a)  General rule.--Until the association makes a common     expense assessment, the declarant shall pay all common expenses.     After any assessment has been made by the association,     assessments must be made at least annually, based on a budget     adopted at least annually by the association, subject, however,     to the provisions of section 4303(c) (relating to executive     board members and officers) concerning ratification of the     budget by the association.        (b)  Allocation and interest.--Except for assessments under     subsections (c), (d) and (e) and except as provided in     subsection (g) with respect to cooperative interests owned by     declarant, all common expenses must be assessed against all the     cooperative interests in accordance with the allocations set     forth in the declaration pursuant to section 4207(a) (relating     to allocation of ownership interests, votes and common expense     liabilities). Any past due common expense assessment or     installment thereof shall bear interest at the rate established     by the association from time to time by prior written notice to     all propriety lessees.        (c)  Limited expenses.--Unless otherwise required by the     declaration or as is otherwise provided in section 4321(j)     (relating to limited equity cooperatives):            (1)  any common expense associated with the maintenance,        repair or replacement of a limited common element must be        assessed against the cooperative interests for the units to        which that limited common element is assigned equally or in        any other proportion that the declaration provides; and            (2)  any common expense or portion thereof benefiting        fewer than all of the units must be assessed exclusively        against the cooperative interests for the units benefited.        (d)  Insurance costs.--If required by the declaration, the     costs of insurance must be assessed in proportion to risk, and     the costs of utilities must be assessed in proportion to usage.        (e)  Payment of judgments.--Assessments to pay a judgment     against the association (section 4317(a)) may be made only     against the cooperative interests in the cooperative at the time     the judgment was entered, in proportion to their common expense     liabilities.        (f)  Common expense attributable to proprietary lessee.--If     any common expense is caused by the action or failure to act of     any proprietary lessee, the association may assess that expense     exclusively against him or his cooperative interest or both of     them.        (g)  Reallocated common expense liabilities.--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.        (h)  Crediting of excess assessments.--Any amounts     accumulated from assessments for limited common expenses and     income from the operation of limited common elements to which     such limited common expenses pertain in excess of the amount     required for actual limited common expenses and reserves for     future limited common expenses shall be credited to the     cooperative interest assessed for a share of such limited common     expenses in proportion to the share of such limited common     expenses so assessed. Unless the declaration provides otherwise,     the credits shall be applied to the next monthly assessments of     limited common expenses against the cooperative interest under     the then current fiscal year's budget and, thereafter, until     exhausted. Any amounts accumulated from assessments for general     common expenses and income from the operation of the common     elements, other than limited common elements with regard to     which limited common expenses are assessed, in excess of the     amount required for actual general common expenses and reserve     for future general common expenses shall be credited to each     cooperative interest in accordance with the allocations set     forth in the declaration, unless the declaration provides     otherwise, to the next monthly assessments of general common     expenses against the cooperative interest under the then current     fiscal year's budget and thereafter, until exhausted.        Cross References.  Section 4314 is referred to in sections     4102, 4313, 4315, 4317, 4321, 4409 of this title.