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8 <br /> <br /> <br /> <br />percent (50%) of the voting power of the Association. Any meeting of the Association for purposes of this <br />Section 4.4 shall be conducted in accordance with Civil Code Section 4070. The right of the Board to <br />increase Regular Assessments by up to twenty percent (20%) over the Regular Assessment for the <br />immediately preceding fiscal year is subject to the Board having complied with the provisions of Civil Code <br />Section 5605(a), or having obtained the approval of such increase by the Members in the manner set <br />forth above in this Section 4.4 as set forth in Civil Code Sections 5605(a) and 4070. <br /> <br />B. Assessments for Emergency Situations: Notwithstanding the foregoing, the Board, <br />without membership approval, may increase Regular Assessments or levy Special Assessments necessary <br />for an emergency situation in amounts that exceed the provisions of Section 4.4.A, above. For purposes of <br />this Section, an emergency situation is one of the following: <br /> <br />(1) An extraordinary expense required by an order of a court, <br /> <br />(2) an extraordinary expense necessary to repair or maintain the Project or <br />any part of it for which the Association is responsible where a threat to personal safety on the Project is <br />discovered, or <br /> <br />(3) an extraordinary expense necessary to repair or maintain the Project or <br />any part of it for which the Association is responsible that could not have been reasonably foreseen by the <br />Board in preparing and distributing the pro forma operating budget, provided, however, that prior to the <br />imposition or collection of the Assessment, the Board shall pass a resolution containing written findings <br />as to the necessity of the extraordinary expense involved and why the expense was not or could not <br />have been reasonably foreseen in the budgeting process and the resolution shall be distributed to the <br />Members with the notice of the Assessment. <br /> <br />The Association shall provide to the Owners notice by individual notice, as described in Civil Code <br />Section 4040, of any increase in the Regular Assessments or Special Assessments of the Association, <br />not less than thirty (30) nor more than sixty (60) days prior to the increased Assessment becoming due. <br />This Section 4.4 incorporates the statutory requirements of the currently applicable provisions Civil Code. <br />If these provisions of the Civil Code are amended in any manner, this Section 4.4 shall be automatically <br />amended in the same manner without the necessity of amending this Declaration. <br /> <br />C. Notice and Quorum for Any Action Authorized Under Section 4.4: Any action <br />authorized under Section 4.4, which requires a vote of the membership, shall be subject to the secret <br />ballot voting requirements of Civil Code Section 5100 et seq. <br /> <br />4.5. Division of Assessments: Both Regular Assessments and Special Assessments shall be <br />levied equally among the Condominiums. Regular Assessments shall be collected on a monthly basis <br />unless the Board directs otherwise. Special Assessments may be collected in one (1) payment or <br />periodically as the Board shall direct. <br /> <br />4.6. Date of Commencement of Regular Assessment; Due Dates: The Regular Assessments <br />provided for in this Declaration shall commence as to all Condominiums on the first day of the month following <br />the first conveyance of a Condominium to the Owner. The first Regular Assessment shall be adjusted <br />according to the number of months remaining in the calendar year. The Board of Directors shall use its best <br />efforts to fix the amount of Regular Assessment against each Condominium and send written notice thereof <br />to every Owner at least forty-five (45) days in advance of each Regular Assessment period, provided that <br />failure to comply with the foregoing shall not affect the validity of any Assessment levied by the Board. Regular <br />Assessments may be prorated on a monthly basis. The due dates for payment of Assessments shall be <br />established by the Board. The Association shall, upon demand, furnish a certificate signed by an officer or <br />designated representative of the Association stating that the Assessments on a specified Condominium have <br />been paid. Such a certificate shall be conclusive evidence of such payment. <br /> <br />4.7. Effect of Nonpayment of Assessments: Any Assessment not paid within fifteen (15) days <br />95