559.169 Assessment of common expenses; contribution of co-owner.

297 words·~1 min read·/mi/chapter-559/559-169

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Sec. 69.

(1)Except to the extent that the condominium documents provide otherwise, common expenses associated with the maintenance, repair, renovation, restoration, or replacement of a 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 incurred. If the limited common element involved was assigned to more than 1 condominium unit, the expenses shall be specially assessed against each of the condominium units equally so that the total of the special assessments equals the total of the expenses, except to the extent that the condominium documents provide otherwise.

(2)To the extent that the condominium documents expressly so provide, any other unusual common expenses benefiting less than all of the condominium units, or any expenses incurred as a result of the conduct of less than all those entitled to occupy the condominium project or by their licensees or invitees, shall be specially assessed against the condominium unit or condominium units involved, in accordance with reasonable provisions as the condominium documents may provide.

(3)The amount of all common expenses not specially assessed under subsections

(1)and

(2)shall be assessed against the condominium units in proportion to the percentages of value or other provisions as may be contained in the master deed for apportionment of expenses of administration.

(4)A co-owner shall not be exempt from contributing as provided in this act by nonuse or waiver of the use of any of the common elements or by abandonment of his or her condominium unit.

History: 1978, Act 59, Eff. July 1, 1978 ;-- Am. 2000, Act 379 , Imd. Eff. Jan. 2, 2001 ;-- Am. 2002, Act 283 , Imd. Eff. May 9, 2002