DECLARATION,BYLAWS @ RULES AND REGS

Started by KevinJ1 • 13 replies • 1470 views

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KevinJ1 (Florida)
Posts: 51

Posted:

HELLO AGAIN,I will get to the point..And hopefully not confuse you with the questions.Do the Declaration,Bylaws@Rules and Regs have to be filed with he County when Amendments,Changes and Addendums are made before they become valid or is it just the initial set of the DOCs..Thats kinda confusing how the statute reads,so i'm not sure if its the Original set only or if it means origanal set and any changes that occur there after as well, have to be filed.. Also one more question i read in FL.STATUTE 718.112 (g) ASSESSMENTS.It reads : Assessments shall be made against units NOT less frequently than QUARTERLY in an amount not less than that required to provide funds in advance for payment of all of the anticapated current operating expenses and for all of the unpaid operating expenses previously incurred....OK with that said does that mean that an association can not require a owner to pay dues monthly..Let me know if i confused you and i'll try to ask in a different way..Thanks Kevin..

DonnaS (Tennessee)
Posts: 5,671

Posted:

Hello Again Kevin,

The only amendment changes that are filed with your County Clerk of Circuit Courts are Protective Covenants, Articles of Inc AND Bylaws.These are amendments that are voted on by the entire membership. Rules and Regs are NOT filed as they are an act of your BOD and can change frequently.
The amendments do not become valid until they are filed with the County.

Now the assessments The entire paragraph is below. I see what you are questioning by the "not less frequently" wording. Both of the condos that I own collect the dues on a monthly basis. Humm, What it is stating is that the assessments shall be made or determined for quarters BUT the first sentence states that " THE MANNER OF COLLECTING FROM THE UNIT OWNERS THEIR SHARES OF THE COMMON EXPENSE SHALL BE STATED IN THE BYLAWS"
This means that your Bylaws will have how you are required to remit payments, monthly, quarterly or annual. It is written in confusing language but there is no way to lessen the responsibility to remit payments.

g) Assessments.--The manner of collecting from the unit owners their shares of the common expenses shall be stated in the bylaws. Assessments shall be made against units not less frequently than quarterly in an amount which is not less than that required to provide funds in advance for payment of all of the anticipated current operating expenses and for all of the unpaid operating expenses previously incurred. Nothing in this paragraph shall preclude the right of an association to accelerate assessments of an owner delinquent in payment of common expenses. Accelerated assessments shall be due and payable on the date the claim of lien is filed. Such accelerated assessments shall include the amounts due for the remainder of the budget year in which the claim of lien was filed.

SusanW1 (Michigan)
Posts: 5,202

Posted:

"Assessments shall be made against units not less frequently than quarterly

means, IMHO ---

assessments shall be made AT LEAST on a quarterly basis.

(original statment uses passive voice, double negative!!)

means: Assessments shall be made at least quarterly - at the minimum.

IMHO that's how I see this.

SusanW1 (Michigan)
Posts: 5,202

Posted:

I thought we repaired the boats and sent the Brits back home -

DonnaS (Tennessee)
Posts: 5,671

Posted:

Susan,
What we need are lots of English majors to rewrite all of the Laws and Statutes as they are written with double negatives constantly, "thereof and therefore, not withstanding, etc" See what I mean? Who can understand this.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

To reiterate the quote on assessments....Assessments SHALL BE MADE AGAINST UNITS NOT less frequently than QUARTERLY in an AMOUNT not less than that required to provide funds in advance for payment of all of the anticapated current operating expenses and for all of the unpaid operating expenses previously incurred.

IMHO, this statement is NOT referring to how or when assessment fee payment is made--it states the $-amount Assessment Fee shall be made (determined/changed) not less frequently than quarterly.

DonnaS (Tennessee)
Posts: 5,671

Posted:

That is right Paul, Also,it does not say payments, it says assessments.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By KevinJ1 on 01/20/2008 6:34 AM

Also one more question i read in FL.STATUTE 718.112 (g) ASSESSMENTS.It reads : Assessments shall be made against units NOT less frequently than QUARTERLY in an amount not less than that required to provide funds in advance for payment of all of the anticapated current operating expenses and for all of the unpaid operating expenses previously incurred....OK with that said does that mean that an association can not require a owner to pay dues monthly..Let me know if i confused you and i'll try to ask in a different way..Thanks Kevin..

Kevin, it is exactly as stated: "ot less frequently than quarterly" in other words it could be stated as "quarterly or greater time period". Monthly assessments are not allowed.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Paul was right:
"Assessment Fee shall be made (determined/changed) not less frequently than quarterly."

IMHO this means shall be determined AT LEAST quarterly.

(not less means equal to, or more)

So to determine assessments, the Board needs to look at costs, etc. and monitor the need AT LEAST monthly, if not more.

This has nothing to to with billing or assessments payments, as someone pointed out. This is a computation requirement.

SusanW1 (Michigan)
Posts: 5,202

Posted:

that's AT LEAST QUARTERLY, if not more.

KevinJ1 (Florida)
Posts: 51

Posted:

OK So is it ok for an association to require that owners pay dues monthly,I ask this because mine requires us to pay on or before the 5th of each month or pay an additional 25.00 late fee...so if the statute reads not less frequently than quarterly.the association can require us to pay dues every 3 monthes or 4 monthes etc. but never before every 3 monthes, as mine requires and i'm sure alot of others require monthly as Donna stated hers does also..Thank you Kevin

KevinJ1 (Florida)
Posts: 51

Posted:

Donna,when rules and regs are ammended,added to or changed when do they become effective,also once a board votes to add amend or change rules and regs how do owners that do not attend the meetings know the rules and regs have changed,.....also under the assessments does that mean we should not be charged dues monthly...Thanks Kevin

DonnaS (Tennessee)
Posts: 5,671

Posted:

Kevin,
When Rules and Regs are changed, they become effective as soon as the Board adopts them AND notifies the membership either by paper notifivcation or electronic posting. The Board does these changes without a membership vote.

Boards for some reason do not read or know the Statute that says that anytime they are going to amend the rules and regs, the membership must be notified 14 days prior to the meeting where the changes will be voted on and adopted.
The last sentence below is the requirement from 720;303

2. An assessment may not be levied at a board meeting unless the notice of the meeting includes a statement that assessments will be considered and the nature of the 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. "

No Kevin, monthly assessments can be required of the membership, the wording in what you refer to under assessments is presented above by all of the posters with their opinions which I agree with.

KevinJ1 (Florida)
Posts: 51

Posted:

THANK YOU ,THANK YOU ,THANK YOU.I'm glad you guys can desipher this stuff.evan stuff i think i know the answer to ,i find out i interpreted it wrong,so thats why i ask you guys ..so thats about 100 questions you guys have answered for me..is there a limit,on how many i can ask. THANKS SO MUCH FOR YOUR INTERPRETATION AND ADVICE....Kevin.

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