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(b) Adequate reserves for replacement, in accordance with applicable state <br />law, whether by capital contribution or otherwise, which reserves shall be amortized and <br />collected on a monthly basis, and special assessments for capital expenditures or other purposes <br />all on the same basis as for regular assessments, provided that in any fiscal year the Board may <br />not, without the vote or written consent of a majority of the Owners, levy special assessments to <br />defray costs of any action or undertaking on behalf of the Association which, in the aggregate, <br />exceed fifteen percent (15%) of the budgeted gross expenses of the Association for that fiscal <br />year. <br />(c) Charges, payments, fines, penalties and such other sums as become <br />payable under this Declaration or the Bylaws. The provisions of this Section 2.8 shall not apply <br />to nor limit the right of the Board to levy and collect the sums specified herein as special <br />assessments against an Owner as a remedy, or to reimburse the Association for costs incurred in <br />bringing the Owner or his parcel of land and/or structure into compliance with this Declaration or <br />the Bylaws. <br />2.9 Amount of Assessments. Each Owner's share ("assessment share") in the <br />common expenses of the Project and of the Association shall be determined by the Association <br />on a per Unit basis based upon the number of bedrooms and/or size of each Unit; provided, <br />however, that the assessment formula may be altered or amended by the action of the Board of <br />Directors. <br />2.10 Examination of Association Records. Owners shall have the right to reasonably <br />examine the books and records of the Association during normal business hours. <br />III. USE RESTRICTIONS <br />The Parcels, Buildings and Common Improvement Areas shall be occupied and used as follows: <br />3.1 Low -Income Tenants at Affordable Rent. Owner covenants and agrees to rent <br />all of the dwelling units in Owner's Property to Low -Income Tenants at Affordable Rent. <br />(a) Term. The covenant set forth in this Section 3.1 shall commence on the Date that <br />these OCRs are recorded for the subject Property and shall terminate with respect to such <br />Property on the date that is the earlier of: (a) the fifteenth (15th) anniversary of the date that <br />Agency issues and records a Certificate of Compliance for the each Property pursuant .to <br />Section 5.2 or 5.4 of the OPA concerning the Property, or (b) the thirtieth (30th) anniversary of <br />the Date of recordation of these CC&Rs. <br />(b) Increase in Income. For purposes of satisfying the obligation set forth in <br />Section 3.1, a person or persons who at the commencement of its occupancy qualified as a Low - <br />EXHIBIT B; Page 7 of 24 <br />