Section 34.08.460. Assessments for common expenses.

   (a) Until the association makes a common expense assessment, the declarant shall pay all common expenses. After an 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) Except for assessments under (c) - (e) of this section, all common expenses must be assessed against each unit in accordance with the allocations set out in the declaration under AS 34.08.150(a) and (b).  A past due common expense assessment or an installment of the assessment bears interest at the rate established by the association not exceeding 18 percent per year.
   (c) To the extent required by the declaration
        (1) a common expense associated with the maintenance, repair, or replacement of a limited common element must be assessed against each unit to which that limited common element is assigned, equally, or in proportion provided by the declaration;
        (2) a common expense or portion of the common expense benefiting fewer than all of the units must be assessed exclusively against the units benefited;
        (3) the costs of insurance must be assessed in proportion to risk; and
        (4) the costs of utilities that can be determined must be assessed in proportion to usage and if the costs of utilities cannot be determined, the cost of nondeterminable utilities shall be shared as a common expense.
   (d) An assessment to pay a judgment against the association may be made only against the units in the common interest community at the time the judgment was entered, in proportion to their common expense liabilities.
   (e) If a common expense is caused by the misconduct of a unit owner, the association may assess that expense exclusively against the unit.
   (f) If common expense liabilities are reallocated, common expense assessments and any installment of the assessment not yet due must be recalculated in accordance with the reallocated common expense liabilities.

Authorities

34.08.470

Notes

References

AS 34.08.470 Lien for assessments.

History

(Sec. 1 ch 95 SLA 1985)