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COMMON EXPENSES <br />14.1 Liability of Unit Owners, Annual Budget and Statutory Reserve Account. <br />A. Liability of Unit Owners. Each Unit Owner, including the Declarant, <br />shall be liable for the share of expenses of the Association assessed against such Owner's <br />Unit, including an assessment coming due during the pendency of any claim by a Unit <br />Owner against the Association or during any period in which the Unit is not occupied by <br />the Unit Owner or in which the Unit is leased or rented to another person. These <br />expenses ("Common Expenses") shall be allocated among the Units in the percentages <br />specified in Exhibit "C" attached hereto, except that charges may be specifically allocated <br />to particular Units by the Board of the Association, or by separate agreement among the <br />Unit Owners, based on the benefit to the Unit Owner of the cost or expense involved or on <br />the usage, fault or negligence or other factors affecting the deterioration or damage of or to <br />Units, Common Elements, or Limited Common Elements as to which the Association may <br />have responsibility. During the period of Declarant Control, the Board of the Association <br />may not make any allocation or assessment under this Section 14.1 that would (i) have the <br />effect of benefiting the Declarant at the expense of Unit Owners other than the Declarant <br />or (ii) not be in compliance with the terms and conditions of Section 703.16(2)(b) of the <br />Act. <br />B. Statutory Reserve Account. Pursuant to the authority granted to the <br />Declarant under Section 703.163(3)(c) of the Act, the Declarant hereby elects not to <br />establish a statutory reserve account ("Statutory Reserve Account"), as the term <br />"Statutory Reserve Account" is defined in Section 703.163(1)(b) of the Act. The Declarant <br />is hereby authorized to execute and record a Statutory Reserve Account Statement, as <br />required by Section 703.163(11) of the Act. Nothing herein shall prohibit the Declarant, or <br />the Association, from making a later determination to establish a Statutory Reserve <br />Account pursuant to the procedures set forth in Section 703.163 of the Act. <br />C. Annual Budget. The Association, annually, shall adopt and distribute <br />to all Unit Owners, an annual budget setting forth the following: <br />1) All anticipated Common Expenses and any amounts to be <br />allocated to the Statutory Reserve Account, if any and to any other funds for future <br />expenditures. <br />2) The amount and purpose of any other anticipated Association <br />expenditure. <br />3) The amount of any Statutory Reserve Account, if any, or any <br />other funds held for future expenditures. <br />4) Any common surpluses. <br />2-22 <br />