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4810-5342-0509, v. 2 35 6.5 Other Type of Assessments. 6.5.1 Special Assessments. If the Association determines at any time that the estimated total amount of funds necessary to fund the Common Expenses of the Association for a given Fiscal Year is or will become inadequate to meet expenses for any reason, including, without limitation, unanticipated delinquencies, costs of construction, unexpected repairs or replacements of capital improvements on, damage and destruction or condemnation of the Association Property or any other areas which the Association is obligated to maintain, the Board shall determine the approximate amount necessary to defray such expenses, and may levy a special assessment (“Special Assessment”). Special Assessments shall be subject to the limitations set forth in Section 6.6 (Changes to Assessments); provided, however, that such limitation shall not apply to Special Assessments levied by the Board to replenish the Association’s reserve account as provided in the Article of the Bylaws entitled “Association’s Accounts.” The Board may, in its discretion, prorate such Special Assessment over the remaining months of the Fiscal Year or levy the Assessment immediately against each Condominium as to which Assessments have commenced. The Association must comply with California Civil Code Section 5610. 6.5.2 Capital Improvement Assessments. In addition to any other Assessments provided for hereunder, the Association may levy a capital improvement assessment for the purpose of defraying, in whole or in part, the cost of any construction or replacement of a capital improvement (“Capital Improvement Assessment”). Capital Improvement Assessments shall be due and payable by all Owners in such installments and during such period or periods as the Board shall designate. Capital Improvement Assessments shall be subject to the limitations set forth in Section 6.6 (Changes to Assessments). 6.5.3 Compliance Assessments. The Association may levy an assessment (“Compliance Assessment”) against any Owner for bringing the Owner or the Owner’s Condominium into compliance with the provisions of the Governing Documents and/or any other charge designated a Compliance Assessment in the Governing Documents, together with any Additional Charges. The Association shall have the authority to adopt a reasonable schedule of Compliance Assessments for any violation of the Governing Documents. If, after Notice and Hearing which satisfies California Corporations Code Section 7341 and California Civil Code Section 5855, the Owner fails to cure or continues such violation, the Association may impose an additional fine each time the violation is repeated, and may assess such Owner and enforce the Compliance Assessment as herein provided for nonpayment of an Assessment. A hearing committee may be established by the Association to administer the foregoing. A Compliance Assessment imposed by the Association as a means to reimburse the Association for costs incurred by the Association in the repair of damage to Association Property and facilities caused by a Member or a Member’s Invitee may become a lien against the Member’s Condominium enforceable by the sale of the interest under California Civil Code Sections 2924, 2924b and 2924c. Notwithstanding any other provision in this Declaration to the contrary, except as provided in Section 6.11 (Collection of Assessments; Liens), Compliance Assessments imposed by the Association as a disciplinary measure for failure of a Member to comply with the Governing Documents are Assessments but they may not become a lien against the Owner’s Condominium that is enforceable by a power of sale under California Civil Code Sections 2924, 2924b and 2924c; provided, however, that this restriction on Compliance Assessment liens imposed by the Association as a disciplinary measure for failure of a Member to comply with the Governing Documents, does not apply to late payments. 6.6 Changes to Assessments. 6.6.1 Limitation on Assessments. From and after January 1st of the year immediately following the conveyance of the first Condominium to a First Owner, the annual Regular Assessment may not, except in the case of an Emergency, be increased by an amount greater than twenty percent (20%) of the Regular Assessments for the preceding Fiscal Year, and Special Assessments and Capital Improvement Assessments shall not be imposed that in the aggregate exceed five percent (5%) of the budgeted gross expenses of the Association for that Fiscal Year, without the consent of the Members, constituting a quorum and casting a majority of the votes at a meeting or election of the Association conducted in accordance with the provisions of: (i) California Civil Code Section 5100, et seq. and the rules adopted by the Board pursuant thereto; and (ii) California Corporations Code Sections 7510, et seq. and 288