(A) An owners association may assess an individual lot for any of the following:
(1) Enforcement assessments and individual assessments for utility service that are imposed or levied in accordance with the declaration, as well as expenses the board incurs in collecting those assessments;
(2) Costs of maintenance, repair, or replacement incurred due to the willful or negligent act of an owner or occupant of a lot or their family, tenants, guests, or invitees, including, but not limited to, attorney's fees, court costs, and other expenses;
(3) Costs associated with the enforcement of the declaration or the rules and regulations of the owners association, including, but not limited to, attorney's fees, court costs, and other expenses;
(4) Costs or charges the declaration or bylaws permit.
(B) Unless otherwise provided by the declaration, bylaws, or rules, the owners association shall credit any amount it receives from a lot owner pursuant to this section in the following order:
(1) To interest owed to the owners association;
(2) To administrative late fees or enforcement assessments owed to the owners association;
(3) To collection costs, attorney's fees, and paralegal fees the owners association incurred in collecting the assessment;
(4) To the oldest principal amounts the owner owes to the owners association for the common expenses chargeable against the dwelling unit or lot.
(C) Prior to imposing a charge for damages or an enforcement assessment pursuant to this section, the board of directors shall give the owner a written notice that includes all of the following:
(1) A description of the property damage or violation;
(2) The amount of the proposed charge or assessment;
(3) A statement that the owner has a right to a hearing before the board to contest the proposed charge or assessment;
(4) A statement setting forth the procedures to request a hearing;
(5) A reasonable date by which the owner must cure a continuing violation to avoid the proposed charge or assessment, if such an opportunity to cure is applicable.
(D)
(1) To request a hearing, the owner shall deliver a written notice to the board not later than the tenth day after receiving the notice this division requires. If the owner fails to make a timely request for a hearing, the right to that hearing is waived, and the board immediately may impose a charge for damages or an enforcement assessment pursuant to this section.
(2) If an owner requests a hearing, at least seven days prior to the hearing the board shall provide the owner with a written notice that includes the date, time, and location of the hearing.
(3) The board shall not levy a charge or assessment before holding any hearing requested pursuant to this section.
(4) Within thirty days following a hearing at which the board imposes a charge or assessment, the owners association shall deliver a written notice of the charge or assessment to the owner.
(5) Any written notice that this section requires shall be delivered to the owner or any occupant of the dwelling unit by personal delivery, by certified mail, return receipt requested, or by regular mail.
Added by 128th General AssemblyFile No.41, SB 187, ยง1, eff. 9/10/2010.
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