§ 34-36.1-3.15. Assessments for common expenses. (a) 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.

(b)(1) Except for assessments under subsections (c) - (e), all common expenses must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to § 34-36.1-2.07(a). Any past due common expense assessment or installment thereof bears interest at the rate established by the association not exceeding twenty-one percent (21%) per year.

(2) Except in the case of a condominium in which all units are restricted to non-residential use, the declarant must pay common expense assessments to the association on all units it owns once a common expense assessment is imposed; the obligation of the declarant to pay common expense assessments on the units it owns shall commence when the declaration or an amendment to a declaration adding units to a condominium is recorded, for those units referenced in the declaration or in any amendment to the declaration, pursuant to § 34-36.1-2.01.

(c) To the extent required by the declaration:

(1) Any common expense associated with the maintenance, repair or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion that the declaration provides;

(2) Any common expense or portion thereof benefiting fewer than all of the units must be assessed exclusively against the units benefitted; and

(3) The costs of insurance must be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.

(d) Assessments to pay a judgment against the association may be made only against the units in the condominium at the time the judgment was entered, in proportion to their common expense liabilities.

(e) If any common expense is caused by the misconduct of any unit owner, the association may assess that expense exclusively against his or her unit.

(f) If common expenses liabilities are reallocated, common expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated common expense liabilities.

(g)(1) Whenever an assessment for common expenses has remained unpaid for a period of sixty (60) days, and the condominium unit is occupied by a tenant, the association may subject to the rights of a superior lienholder make demand upon the tenant for payment of the amount in arrears, and for payment of succeeding assessments on a monthly basis. All amounts paid directly to the association shall be used as a credit against the rent owed for occupancy of the unit.

(2) Acceptance by an association of payments made by a tenant shall not constitute a waiver of any other rights an association may have with respect to the collection of assessments.

History of Section. (P.L. 1982, ch. 329, § 2; P.L. 1993, ch. 355, § 1; P.L. 1995, ch. 57, § 1.)