Title 44, Chapter 3, Section 225
( 44-3-225)
(a) To the extent that the instrument expressly so provides: (1) Any common expenses benefiting less than all of the lots shall
be specially assessed equitably among all of the lots so
benefited, as determined by the board; (2) Any common expenses occasioned by the conduct of less than all
of those entitled to occupy all of the lots or by the licensees or
invitees of any such lot or lots shall be specially assessed
against the lot or lots, the conduct of any occupant, licensee, or
invitee of which occasioned any such common expenses; (3) Any common expenses significantly disproportionately
benefiting all of the lots shall be assessed equitably among all
of the lots in the development as determined by the board; and (4) Other than for limited common areas expressly designated as
such in the instrument and assigned to fewer than all lots,
nothing contained in paragraph (1) or (3) of this subsection shall
permit an association to specially or disproportionately allocate
common expenses for periodic maintenance, repair, and replacement
of any portion of the common area or the lots which the
association has the obligation to maintain, repair, or replace. (b) No lot owner other than the association shall be exempted from
any liability for any assessment under this Code section or under
any instrument for any reason whatsoever, including, without
limitation, abandonment, nonuse, or waiver of the use or enjoyment
of his or her lot or any part of the common area. (c) Unless otherwise provided in the instrument and except as provided in subsection (d) of this Code section, the grantee in a conveyance of a lot shall be jointly and severally liable with the grantor thereof for all unpaid assessments against the latter up to the time of the conveyance without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee; provided, however, that if the grantor or grantee shall request a statement from the association as provided in subsection (d) of Code Section 44-3-232, such grantee and his or her successors, successors-in-title, and assigns shall not be liable for nor shall the property owners' association lot conveyed be subject to a lien for any unpaid assessments against such grantor in excess of any amount set forth in the statement. (d) In the event that the holder of a first priority mortgage or
secondary purchase money mortgage of record, provided that neither
the grantee nor any successor grantee on the secondary purchase
money mortgage is the seller of the lot, or in the event that any
other person acquires title to any lot as a result of foreclosure of
any such mortgage, such holder or other person and his or her
successors, successors-in-title, and assigns shall not be liable for
nor shall the lot be subject to any lien for assessments under this
Code section or under any instrument chargeable to the lot on
account of any period prior to the acquisition of title; provided,
however, that the unpaid share of an assessment or assessments shall
be deemed to be a common expense collectable from all of the lot
owners, including such holder or other person and his or her
successors, successors-in-title, and assigns. |