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SteveC4 (Florida)
Posts: 154
Posted:


Hello: In the State of Florida living in Townhomes....Manager decided that we need an assessment in the amount of $200.00 to resurface pool and repair canbana roof....he estimated cost would be be $17,000, I ask for bids...he never has any bids to present at the meetings....he then sent letter out to homeownrs that there will be a proxy coming in the mail for assessment of $200 starting first payment in Jan 2012 and pay it off quartley .

Proxys was sent out and we receved 38 proxys (yes) and 7 (no) out of 144 units thats what we have received so the manager said the vote pass fr this assessment,...IM going to post what our by-laws stated in addition to an assessement.

Such assessment shall have the assent if two-thirds (2/3) of votes of each class of members affected by the assessment who are voting in person or by proxy at a duly constituted meeting for this purpose.

Any modification in the annual assessment or any levy of a special assessment shall be applicable to subtrac 1 on the same pro rata basis as the initial assessment hereinabove, provide ,however,it shall be determined exclusive of the expeneses attributable to the swimming pool and related pavillion in parcel A, any annual or special assessment, or portion thereof, attributable to the swimming pool amd related parcel A SHAL BORNE ON A PRO-RATA BASIC BY SUB-TRACTR II-V only.

We do have a pool maintenance contract but does not include fee for resurcfing of the pool, mention to the manager perhaps we should find a pool maintence that would include there fee for in future repairs such as resrcfing pool and etc.
SheliaH (Indiana)
Posts: 6,964
Posted:
Why is your manager dictating assessments and their purposes? Have you talked to your board? Do you have one or is it still under the developer's control? If under development control, you may not have any choice but to pay, but if the manager sent out proxies, that means the homeowners have to vote to approve the fee.

If however, you have a board, you need to ask them these questions.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JeffR7 (California)
Posts: 251
Posted:
A manager works for the board. Before there is any assement there should be a board vote approving it. Also you had 45 votes out of 144 properties. That's 31%. What do your governing docs say about quorum? There was no quorum at the vote, it's not valid

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