Title 44, Chapter 3, Section 80
( 44-3-80)
(a) Except to the extent that the condominium instruments provide
otherwise, any common expenses associated with the maintenance,
repair, renovation, restoration, or replacement of any limited
common element shall be specially assessed against the condominium
unit to which that limited common element was assigned at the time
the expenses were made or incurred; however, if any limited common
element was assigned at that time to more than one unit, the common
expenses shall be specifically assessed against each condominium
unit equally so that the total of the special assessments equals the
total of the expenses. (b) To the extent that the condominium instruments expressly so
provide: (1) Any other common expenses benefiting less than all of the
units shall be specially assessed equitably among all of the
condominium units so benefited; (2) Any other common expenses occasioned by the conduct of less
than all of those entitled to occupy all of the units or by the
licensees or invitees of any such unit or units shall be specially
assessed against the condominium unit or units, the conduct of any
occupant, licensee, or invitee of which occasioned any such common
expenses; (3) Any other common expenses significantly disproportionately
benefiting all of the units shall be assessed equitably among all
of the condominium units; and (4) Other than for limited common elements expressly designated as
such in the condominium instruments and assigned to fewer than all
units, 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
elements or the units which the association has the obligation to
maintain, repair, or replace. (c) The amount of all common expenses not specially assessed pursuant to subsection (a) or (b) of this Code section, less the amount of all undistributed and unreserved common profits, shall be assessed against the condominium units in accordance with the allocation of liability for common expenses set forth in the declaration. The allocation may be by percentage, fraction, formula, or any other method which indicates the relative liabilities for common expenses. If an equal liability for common expenses is allocated to each unit, the declaration may merely so state. The entire liability for common expenses shall be allocated among the units depicted on plats or plans that comply with subsections (a) and (b) of Code Section 44-3-83 and shall be subject to reallocation as provided in this article. Except to the extent otherwise expressly provided or permitted by this article, the allocations of the liability shall not be altered; provided, however, that no reallocation shall affect any assessment or installation thereof becoming due and payable prior to reallocation. The assessments shall be made by the association annually or more often if the condominium instruments so provide and shall be payable in the manner determined by the association. (d) No unit owner other than the association shall be exempted from any liability for any assessment under this Code section or under any condominium instrument for any reason whatsoever, including, without limitation, abandonment, nonuse, or waiver of the use or enjoyment of his unit or any part of the common elements. (e) Unless otherwise provided in the condominium instruments and except as provided in subsection (f) of this Code section, the grantee in a conveyance of a condominium unit 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 therefor; provided, however, that, if the grantor or grantee shall request a statement from the association as provided in Code Section 44-3-109, such grantee and his successors, successors-in-title, and assigns shall not be liable for nor shall the condominium unit conveyed be subject to a lien for any unpaid assessments against such grantor in excess of any amount set forth in the statement. (f) In the event that the holder of a first priority mortgage or a
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 unit, or any other person
acquires title to any condominium unit as a result of foreclosure of
any such mortgage, such holder or other person and successors,
successors-in-title, and assigns shall not be liable for nor shall
the condominium unit be subject to a lien for any assessment under
this Code section or under any condominium instrument chargeable to
the condominium unit 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 common expenses
collectable from all of the unit owners, including such holder or
other person and successors, successors-in-title, and assigns. (g) A condominium instrument recorded on or after July 1, 1990,
shall not authorize the board of directors to impose: (1) Except as provided in subsections (a) and (b) of this Code section and subsections (a) and (b) of Code Section 44-3-109, a special assessment fee per unit in excess of an average of $200.00 per fiscal year without the approval of a majority of the unit owners; or (2) A monthly maintenance fee increase in excess of the percentage
equal to the annual rate of inflation as measured by the Consumer
Price Index for All Urban Consumers for the immediately preceding
12 month period may be disapproved by unit owners holding a
majority of the association vote. |