66-27-414 - Assessments for common expenses. - Tennessee Statutes

66-27-414. Assessments for common expenses.

(a)  Until the board of directors makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the board of directors, assessments must be made at least annually, based on a budget adopted at least annually by the board of directors.

(b)  Except for assessments under subsections (c)-(e), all common expenses must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to § 66-27-307(a). Any past due common expense assessment or installment of the common expense assessment bears interest at the rate established by the association not exceeding the maximum effective annual rate of interest as determined by the department of financial institutions.

(c)  To the extent permitted by the declaration:

     (1)  Any common expense associated with the maintenance, repair, or replacement of a limited common element may be assessed against the units to which that limited common element is assigned, equally, or in any other proportion that the declaration provides;

     (2)  Any common expense or portion of the common expense benefiting fewer than all of the units may be assessed exclusively against the units benefited; and

     (3)  The costs of insurance may be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.

(d)  Assessments to pay a judgment against the association pursuant to § 66-27-416(a) may be made only against the units in the condominium at the time the judgment was entered, in proportion to their common expense liabilities.

(e)  If any common expense is caused by the misconduct of any unit owner, the association may assess that expense exclusively against the owner's unit.

(f)  If common expense liabilities are reallocated, common expense assessments and any installment of the common expense assessments not yet due shall be recalculated in accordance with the reallocated common expense liabilities.

(g)  With respect to residential units only, notwithstanding any provision to the contrary set forth in the declaration, the board of directors shall have the power at any time to levy assessments to preserve the physical integrity of the condominium or to comply with governmental requirements applicable to the condominium. The assessments may be in the form of a single assessment or an assessment for reserves to be paid in such installments as shall be determined by the board of directors.

[Acts 2008, ch. 766, § 1.]