$100 Assessment lein

I'm a new member. Please excuse if this is too long. I need help.
The members of my condo were called into a meeting to inform us that we had been assessed $100 for pulling up carpet and putting down tile in our condo. When we went into the meeting the president of our condo assoc. informed us that he was not going to answer any questions; then proceeded to tell everyone that if we didn't pay the assessment it would go as a lein against our home. When it was mentioned that they had "to get estimates" I raised my hand to ask how we had been assessed the fee and not estimates had been gotten. The president rudely exclaimed "what part of 'I'm not going to answer any questions' did you not understand?" Later that next day I called him and asked for the minutes where it was voted on that we would be assessed the fee; he told me that the secretary was "not going to run around and give minutes to people who don't attend the meetings." I asked him was there a quorum when they took the vote and he said there was. I wrote a letter 2 weeks ago asking the secretary for the minutes of the meeting where it had been voted for the assessment and sent a copy to the condo president(and voiced other concerns too unbelievable to talk about). To date, I have not received any response from either the secretary or the condo president(I also sent a copy to the president of the HOA with no response or input).
1.Who governs the condo officers?
2.Is it not a requirement that a quorum has to be at meetings where something like an assessment is voted on?
3. Can they withhold minutes from a person who does not attend meetings?
4. Should meetings be held where the members are not allowed to ask questions.
5.Are not parliamentary procedures required for these meetings?
Thank you.

Beverly B1: I think your documents will tell you the upper limit that the Board can assess without taking it to a vote with the homeowners. From what you have written however, your president seems to be an arrogant jerk and you and your neighbors should try to get rid of him. He will only drag the entire community down. Anyone who works in secret with other peoples money has things to hide.

I live in a 55 and up condo and as I sat there listening to his tirade about not answering questions and "I'm not going to say this again.." and other comments I couldn't help but feel sorry for the older ladies -- some 70+ -- who just sat there without flinching a muscle; by contrast, I was so angry with his demeanor I could have chewed nails. I'm saying this to say, I don't think they will even bother to try and get rid of him. JeanneK which documents state the limits we can be assessed without full membership approval? Thanks for your time.

JudithC,
I'm sorry I didn't make myself clear. The assessement of $100 has been imposed on all of the residents for replacement of carpet with tile in the lobby of our condo. The assessment is per unit -- so you know what that means -- single people like myself are paying $100 whereas married folks like the president are paying $50 a piece, which doesn't seem fair since two people walk on the carpet twice as much as one person...I know that's splitting hairs...

Beverly, I'm sorry, I was totally confused as to what was going on. I thought you had violated some rule, not that this was a special assessment. It certainly is a good question in my mind of how do they know $100 will be needed without estimates first. I am sure your documents will have some rules about what kind of a vote is needed for a special assessment. In our community a board cannot do it alone. I also think that $100 is small for a special assessment -- that they should be able to find monies for just normal maintenance in the operating fund or if it is a recurring expense, reserves. I'd look to see whether this special assessment was properly voted on.

Beverly,

As Judith and Roger have comment... read your documents, the KEY to IF, HOW, and HOW MUCH this "special assessment" can be determined - is located there. If it is not, check your local codes/ordinances etc - for any requirements that the board was to have followed to initiate/justify the $100 charge.

Also, what "should" have occured (and you are on the correct path), is that there should have been a defined "need" for the removal of the carpet to be replaced with tile. In other words, discussion of this intent at an open meeting, announcement in a newsletter, etc - that they board indicated to the owners that this was being considered. Part of this process should have involved the general liability insurance carrier (particularly since this is an "AA" community, active adult/55 plus), bids and advice from at least three reputable contractors (preferrably both carpet - for potential replacement solutions which address the "dirty" issue, AND tile - to address further issues, installation options, etc - companies, so that bids/RFP's were in writing and could be present in some form (at an open meeting, part of newsletter, etc) to the owners. While owners did vote the board in to make decisions on their behalf, something such as a "special assessment" should be fully disclosed to the community.

I would definitely seek to know the "intelligence" behind the $100 figure (how it is related to "x" number of units in the building, and equally divided among all users, how it is/was derived (estimates from reputable companies in your area, etc). If the President is refusing to turn over minutes of meetings where this was properly voted, I would send a certified letter to him, citing chapter/verse of the governing documents, and any state/local laws which require disclosures to owners - so that he is aware, that at least one owner is "aware" of the community's rights.

Not sure if you community has a management company or not - but that is another (potentially) good source for information on how this "special assessment" came to be. If they solicited bids/RFP's, did inspections on the carpet versus tile solution, or were involved in other ways, you might be able to discuss this with them (with limits of course).

As to the comment that single person's paying $100 versus a married couple paying $50/50 - the assessment is for the unit not the occupants - and should be an equally distributed charge for all units, not occupants.

Beverly:

Depending on the state you are in the board possibly cannot fine you until they hold a Hearing. Also, a lien possibly may not be able to be filed until a final notice is sent to you in accordance with your state's collection law.

Even though you were to follow your CCR's, which I am sure there is an Architectural Review Process for everyone to follow, before fines begin you should be afforded your right to be heard in fron t of the board according to your state's law.

Thank you Michelle, I guess that is a horse of a different color now isn't it?

Ronald stated

" Go to the membership meetings, vote, and consider running for office yourself. Things can often look quite different from the other side of the table. "

I just double-checked our documents. Any special assessment has to approved by the membership. Is this uncommon? In any case, if it has to be approved by the membership I think it is a very serious lapse of obeying the docs for the board to assess without an approval. The board expects the homeowners to follow the documents, certainly they should follow the rules also. It doesn't matter if 100% of the people would have voted for it, as a matter of principle if the documents call for approval by the homeowners for a special assessment, that should be done. People should shout to high heaven if the board starts making up their own rules for their own convenience.

I have the prospective of sitting on both sides of the table -- no matter which one I sat on I believed such important provisions of the docs should be followed.

Well, today looks like the day I make everyone mad.

Back up a little in this picture and reevaluate what apparently happened. First I have no defense for a President that acts the way this one does. Second, we are hearing one view of a tangled web.

This lady bought into this condo or whatever in the day time. She made the choice. If it was attractive enough for her to lay down her hard earned cash there has to be some good qualities about the place. Now that she has moved in she suddenly is extremely critical of the things she liked when she bought her place. Someone, and this includes the President worked hard to keep the place attractive, I am not excusing his actions toward her.

But do you think she is giving the place a fair shake? I don't. $100.00 is not much to invest in tile and take out carpet. Carpet has it's drawback in common areas, especially carpet that could have been there for ten years. In aany event she has to assume the decision was not made by one person and in all probability a person that closely resembles her on the economic and age categorys, had a say.

As far as the Good Old US of A is conccerned that also carries a comittment.
You notice you have a self governing association. That don't mean let someone else do it, it means each and every member does it.

Maybe a HOA is not her cup of tea and maybe it could be with a little patience
and a serious effort to give the place a chance. I bitch and complain more than anyone I know, but it will be a sad day when I leave.

Which State are you in?