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Duty to Assess
Boards have a duty to impose regular and special assessments sufficient to carry out their duties under the CC&Rs. Civil Code §1366(a); Park Place Estates v. Naber

Emergency Assessments. Regardless of anything in the governing documents that may limit regular and special assessments, the board may impose assessments without a membership vote if necessary to meet emergency situations.

Reserve Borrowing. Boards also have a duty to restore any monies borrowed from reserves.

Adams Kessler PLC
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