BelAir continues to attempt to charge a Special Assessment for those features which are upgrades or new additions to the properties (gyms, restaurants, etc) Those items which can be typically anticipated, and, as outlined by the Property in 9A of the contract, include: “ (i) daily cleaning of the units (ii) Maintenance and repair of units and common areas… (iii) “acquisition, repair and renewal of furniture, bedding, towels, kitchen utensils and other necessary goods for the proper functioning of the units… (iv) Payment and necessary expenses and services for the operation of the Resorts”. (V) Reserve funds (which apply to those unforeseen expenses) (vi) Any other necessary expense for the optimal operation of the Resorts.”
9C of our contract clearly states that any Extraordinary (or Special Assessment) are those unforseeable expenses “concerning the operation and maintenance of the Resort by the Resort Operators that are urgent, necessary or indispensable for the total or partial preservation, as well as the common areas, premises, equipment and services, including the preservation and renewal of the appliances or equipment or any other elements whose omission would imply a risk of total or partial loss, destruction, or deterioration of the Resort
Marie R.