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Subject: HOA Assessment Fee Increase
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MelodyM
(Florida)

Posts:2


12/13/2018 10:58 AM  
By Florida Law is the HOA supposed to mail (USPS) a letter stating that the Assessment fees will increase? Isn't there a cap on how much (percentage) they can increase per year? Also, for additional Special Assessments (road improvement, hot tub addition) isn't a letter supposed to be mailed out with the budget for these improvements/additions.
DouglasK1
(Florida)

Posts:1393


12/13/2018 11:49 AM  
The Florida HOA statute is 720 (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html), for condos it is 718.

As far as notification, I see this in 720:
The association shall provide each member with a copy of the annual budget or a written notice that a copy of the budget is available upon request at no charge to the member. The copy must be provided to the member within the time limits set forth in subsection (5).

We include the annual assessment amount with the budget, which has to be provided 30 days before it becomes effective per our governing docs. As far as I know there is no requirement to mail. Our association uses a combination of email and hand delivery (left on the front door) for notifications, and as far as I know, that is acceptable.

I am not aware of any statutory limit on increases, although some governing docs provide a percent or dollar limit.

For special assessments:
Written notice of any meeting at which special assessments will be considered or at which amendments to rules regarding parcel use will be considered must be mailed, delivered, or electronically transmitted to the members and parcel owners and posted conspicuously on the property or broadcast on closed-circuit cable television not less than 14 days before the meeting.

I don't see anything else regarding the notification of special assessments, perhaps somebody else with more time or familiarity with the statute will weigh in.

Escaped former treasurer and director of a self managed association.
SheliaH
(Indiana)

Posts:2465


12/13/2018 12:10 PM  
You should check your documents as well - I would hope there's something that addresses assessments and making the budget available to the homeowners. Special assessments usually have to be approved by the members, but you have to look at the budget first.

As far as a cap goes, I would think that varies by community. In our community, the board can up the budget up to 5% over the current year's fees without homeowner approval - check your documents to see if that's addressed as well. I don't think it would be practical for a state legislature to mandate a cap because community 1 may have more or fewer items to cover in its budget as opposed to community 2.

And haven't you asked your Board about any of this anyway? If so, what was the response?
GeorgeS21
(Florida)

Posts:1208


12/13/2018 2:06 PM  
Melody,

What is your assessment of the Florida statutes governing HOAs and budgets?
JohnC46
(South Carolina)

Posts:8268


12/13/2018 2:19 PM  
In our HOA we can raise the annual assessment as much as we jolly well like to. That said, there is a procedure for owners to overturn any increase but we do not need their approval to do so.
RoyalP
(South Carolina)

Posts:707


12/13/2018 2:53 PM  
Assessment Fee is a tautology.

Unless, of course, there actually is a fee upon the assessments.

Sort of like the ad: DVT Blood Clot, IOW a deep vein thrombosis blood clot when a thrombosis IS a blood clot.

Or: hot water heater, as in 'who wants to heat hot water?:

? where in the 'gov docs' does it specify an assessment fee ?

!? nowhere ?!

therefor there can be no requirement for notification



The actual useful and positive point of all this is that the HOA is governed/controlled by LEGALITIES.

Wording and verbiage is EVERYTHING !

So, the accurate answer to the OP's question would be NO.

The useful answer to the question meant by the OP is YES there must be notification to the membership.


GenoS
(Florida)

Posts:2897


12/13/2018 3:40 PM  
Posted By MelodyM on 12/13/2018 10:58 AM
By Florida Law is the HOA supposed to mail (USPS) a letter stating that the Assessment fees will increase? Isn't there a cap on how much (percentage) they can increase per year? Also, for additional Special Assessments (road improvement, hot tub addition) isn't a letter supposed to be mailed out with the budget for these improvements/additions.

Hi Melody,
As long as meeting notice requirements are met, and in the absence of limiting language in the governing documents, an HOA board can raise assessments as much as it wants without limitation. Board meetings where Regular Assessments are considered require the notice (which does not have to be written) to state that assessments will be considered.

Board meetings where a Special Assessment is considered do require a 14-day advance written notice.

In both cases any cap would have to be specified in the governing documents. The statute doesn't care. There are additional steps to be followed for Condominium associations that want to increase assessments by 15% or more, but they don't apply to HOAs.
JeffT2
(Iowa)

Posts:465


12/13/2018 4:24 PM  
Posted By RoyalP on 12/13/2018 2:53 PM
Assessment Fee is a tautology.

Unless, of course, there actually is a fee upon the assessments.

Sort of like the ad: DVT Blood Clot, IOW a deep vein thrombosis blood clot when a thrombosis IS a blood clot.

Or: hot water heater, as in 'who wants to heat hot water?:

? where in the 'gov docs' does it specify an assessment fee ?

!? nowhere ?!

therefor there can be no requirement for notification



The actual useful and positive point of all this is that the HOA is governed/controlled by LEGALITIES.

Wording and verbiage is EVERYTHING !

So, the accurate answer to the OP's question would be NO.

The useful answer to the question meant by the OP is YES there must be notification to the membership.

Thank you for declarifying.

I heat my hot water when it is cold, and will not continue to do so often.

Irregardless, of course people require notification of nothing in order to pay something.

Jabberwhat?


RoyalP
(South Carolina)

Posts:707


12/13/2018 7:02 PM  
Jabberwocky


'Twas brillig, and the slithy toves
Did gyre and gimble in the wabe:
All mimsy were the borogoves,
And the mome raths outgrabe.

'Beware the Jabberwock, my son!
The jaws that bite, the claws that catch!
Beware the Jubjub bird, and shun
The frumious Bandersnatch!'

He took his vorpal sword in hand:
Long time the manxome foe he sought --
So rested he by the Tumtum tree,
And stood a while in thought.

And, as in uffish thought he stood,
The Jabberwock, with eyes of flame,
Came whiffling through the tulgey wood,
And burbled as it came!

One two! One two! And through and through
The vorpal blade went snicker-snack!
He left it dead, and with its head
He went galumphing back.

'And hast thou slain the Jabberwock?
Come to my arms, my beamish boy!
Oh frabjous day! Callooh! Callay!'
He chortled in his joy.

'Twas brillig, and the slithy toves
Did gyre and gimble in the wabe:
All mimsy were the borogoves,
And the mome raths outgrabe.

Lewis Carroll


GenoS
(Florida)

Posts:2897


12/14/2018 11:31 PM  
Posted By RoyalP on 12/13/2018 7:02 PM
Jabberwocky

I still remember Desi Arnaz buthering it on Saturday Night Live during its first season. "Who the he11 talks like this?"
RoyalP
(South Carolina)

Posts:707


12/15/2018 8:09 AM  
Posted By GenoS on 12/14/2018 11:31 PM
Posted By RoyalP on 12/13/2018 7:02 PM
Jabberwocky

I still remember Desi Arnaz ?! buthering !? it on Saturday Night Live during its first season. "Who the he11 talks like this?"





WONERFUL
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