Question??

Started by AngelM1 • 5 replies • 1045 views

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AngelM1 (Florida)
Posts: 1

Posted:

Does the board of directors have the final say on a special assessment? A large percent of our community is Against a project for beautification of our non-gated entry way. Our board gave us 6 weeks to comply with a $300.00 special assessment fee with threats of collection procedures to begin immediately~~ but we are all against. There are 60 homes and the owners have not been provided competitive bids or plans for the project. With at least 50% against it can they legally go forward with it??

KirkW1 (Texas)
Posts: 1,665

Posted:

The answer would lie in your documents. Many times you have a right to petition to out the assessment to a vote of the membership.

If you don't have that option, then your other option would be to look for a recall of the board.

GlenL (Ohio)
Posts: 5,491

Posted:

As Kirk suggested check your CC&R's, if the meeting that enacted the SA was properly noticed under Florida law then the SA is probably valid. While it would be nice if the BOD provided plans they are not required to let you view the bids unless you request to. Also keep in mind that unless your documents require competitive bids, there may only be one bid on the project.

You need to either recall the BOD or a majority of people need show up at the next BOD meeting to protest it. Whatever you do pay/b] the special assessment, you can mark paid in protest on the check and if the SA is rescinded the money will be returned. If you don't pay it the BOD may carry out its threat of swift enforcement which could negatively affect your credit or cost you your home. While I don't believe they can foreclose for non-payment of fines I believe they can for non-payment of a SA.

Studies show that 5 out of 4 people have problems with fractions

AnnaD2 (Florida)
Posts: 960

Posted:

What exactly is involved in the "beautification" that they want? Are they going to build a stone wall, or erect a fence? Or is it just replacing some dead plants that are already there? This question is important. We're going through the same thing now.

Our board of directors has proposed planting a privacy hedge along the front of the association property. Since this is something NEW and not day to day maintenance of EXISTING things that we are responsible for the upkeep of, then the ENTIRE association is voting on whether or not they want a NEW privacy hedge.

Our documents state that if there is something NEW being added to the property then 66 2/3 % of the entire association must approve it in order for it to pass. Check your documents and present that to the board if that is what is happening.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Angel,

Have you checked your documents regarding special assessments. Most state the members must vote to approve a special assessment. You state most the h/o's are against it. If your docs do NOT require a vote of the members, is there a provision giving the members the right to override a board decisions. Perhaps there is a limit on the amount of money that can be expended w/o a vote of the members. Thoroughly check your docs to see what the members' rights are. W/o knowing exactly what your docs say, there's only so much advice (actually opinions!) we can offer.

JohnK3 (Pennsylvania)
Posts: 967

Posted:

Our docs allow specials to be assessed by the Board w/o Membership approval; we have no provisions for overriding Board decisions, provided; one or more Board members may be removed upon a 2/3 vote of Memberhship.

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