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4810-5342-0509, v. 2 36 7613. The Board may not increase the Regular Assessments for any Fiscal Year unless it has complied with California Civil Code Section 5605. For the purpose of this Section, a quorum shall mean more than fifty percent (50%) of the Members, pursuant to California Civil Code Section 4070, and an Emergency shall mean any one of the following: (a) an extraordinary expense required by an order of a court; (b) an extraordinary expense necessary to repair or maintain the Association Property or other portions of the Community that the Association is obligated to maintain where a threat to personal safety is discovered; or (c) an extraordinary expense necessary to repair or maintain the Association Property or other portion of the Community that the Association is obligated to maintain, that could not have been reasonably foreseen by the Board in preparing and distributing the Budget required under this Declaration and the Bylaws and California Civil Code Section 5300. 6.6.2 Calculation of Increase in Regular Assessments. For the purpose of calculating whether an increase to Regular Assessments exceeds twenty percent (20%), the term “Regular Assessments” shall be deemed to include the amount assessed against each Condominium as a Regular Assessment plus any amount paid by Declarant as a subsidy pursuant to any subsidy agreements, to the extent such subsidy payments offset any amount which would otherwise be paid by Owners as Regular Assessments. Any increases authorized under this Section shall not be imposed unless the Board has complied with the budgetary requirements set forth in the Bylaws with respect to the Fiscal Year for which an Assessment is being levied. 6.7 Allocation of Assessments. Regular Assessments shall be fixed at a uniform rate for all Condominiums and may be collected on a monthly basis and shall be determined by dividing the amount of the Assessment by the total number of Condominiums then within the Community and subject to assessment. Special Assessments and Capital Improvement Assessments shall be allocated in the same manner as Regular Assessments. Compliance Assessments shall be levied directly to the individual Condominiums in a manner consistent with the provisions of Section 6.5.3 (Compliance Assessments). 6.8 Commencement of Assessments. Regular Assessments shall commence as to all Condominiums in a Phase subject to this Declaration on the first day of the month following the conveyance of the first Condominium in that Phase to First Owner. Notwithstanding the foregoing, Declarant may elect to commence to pay Regular Assessments for a Phase prior to the conveyance of a Unit in such Phase to a First Owner (provided that, upon making such election, Declarant shall continue to pay such Regular Assessments for such Phase until conveyance of such Units in the Phase as to which Regular Assessments have commenced to a First Owner) and in such case, Declarant shall have the voting rights as to the Units in such Phase pursuant to Section 5.2 (Number of Votes). 6.9 Notice and Assessment Due Dates. The Association shall provide notice by first class mail to each Owner (pursuant to California Civil Code Section 4040) of an increase in the Regular Assessment and notice of any Special Assessment or Capital Improvement Assessment (or increase therein) not less than thirty (30) days nor more than sixty (60) days prior to the increased Regular Assessment or the Special Assessment or Capital Improvement Assessment becoming due. The due dates for the payment of Regular Assessments normally shall be the first day of each month unless some other due date is established by the Association. The due date for Special Assessments or Capital Improvement Assessments shall be specified in the notice provided by the Association and if such Special Assessments or Capital Improvement Assessments are payable in installments, such installments normally shall be due the first day of each month unless some other due date is established by the Association. Each installment of Regular Assessments, Special Assessments and Capital Improvement Assessments shall become delinquent if not paid within fifteen (15) days after its due date. Additional Charges shall accrue with each delinquent installment but shall not, in any event, exceed the maximum rates permitted under California Civil Code Section 5600, et seq. 6.10 Estoppel Certificate. On not less than ten (10) days’ prior written request, the Association shall execute, acknowledge and deliver to the party making such request a statement in writing stating both of the following: (a) whether or not, to the knowledge of the Association, a particular Owner is in default in connection with the payment of Assessments as to such Owner’s Condominium; and (b) the dates to which installments of Assessments, have been paid as to such Condominium. Any such statement may be relied 289