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SidneyP (Florida)
Posts: 302
Posted:
This will be the first time for an increase in our assessments. I need advice on the correct way to go about doing this. Our dues are due Jan 1st and July 1st. Do we have to send out a notice of increase before this can be done. We are only planning the 10% allowed w/o member vote. From what I understand we need to send the assessment statement at least 30 days in advance, is this so?....Also our annual meeting isn't until the end of Jan when we took over control from the developer. So is it ok to increase the assessment before we present our new budget for 2007? I have ask the other BOD's to also get together and lay out the a late fee and the interest for late payment. Our CC&R's states we can fix these fees but the given ammount has never been presented to the members and have never been enforced. I felt that all of this should be in the notice of payment is sent out for the Jan. dues. The President has never called a meeting w/all the Board members about this and time is or has riun out. Jan.1st is just around the corner. If we don't get it done Jan. can we do it in July?
RogerB (Colorado)
Posts: 5,067
Posted:
Sidney, if your Board approves the 2007 budget and mails it to the members with the notice of the annual meeting the Board approval of the budget included approval of the increase in assessment for up to 10%. If the budget will not approved until the annual meeting you can not increase the assessment until after approval at the annual meeting. You could then start the increase with the next billing; or if paid annually start it retroactive to 1/1/07 and send a second statement for the balance.

CharlesW1 (Georgia)
Posts: 826
Posted:
Roger,

Your response has me confused! I maybe just thick headed here but….I too am a board member who is (for the first time in five years) increasing assessments as well has asking every homeowner for specific assessment of $100.00 to be do in late spring. You mentioned “If the budget will not approved until the annual meeting you can not increase the assessment until after approval at the annual meeting.” Maybe I’m not following you. Sidney mentions that the increase doesn’t require a members vote as long as the increase doesn’t exceed 10%. Wouldn’t the board approve the budget prior to holding a budget meeting?
I apologize, I do not know all the do’s and don’t s of an HOA. Let me ask you a couple of questions, which will help me to clarify much of this. Why would any homeowner vote to approve the budget (even if needed) if this approval will increase their assessment?
My CC&R’s does state that the budget has to be presented to the members of the association, at least 30 days prior to the assessments due date, as I’m sure many do. If the budget can be approved without a vote, than why would you not approve the budget prior to the annual meeting?

Sorry to question your advice
Thanks
Chuck W.

Charles E. Wafer Jr.
LuciusD
Posts: 139
Posted:
Without reading the specific governing documents of the association, it seems to me there can be no final answers. Nevertheless, my opinion is that the assessment increase preceeds the budget and does not depend upon budget approval. The assessment increase should be voted upon and announced to the membership 30 days or more before the beginning of the association's fiscal year.
My other comment is the association needs to engage the services of a competent and ethical real estate attorney to parse the governing documents and provide specific guidance on questions such as these.
SidneyP (Florida)
Posts: 302
Posted:
Roger...I was confused also but didn't want to appear stupid so let it go...thanks Chuck...lol....I know it is close now for us to do anything, the other Board members and I don't see eye to eye on running this HOA. I am not the President just the secretary and can't do much w/o the other Board members. Our semi annual dues will be due on Jan 1st, so I wanted to give notice of the allowed 10% increase NOW with the notice that should be in the mail NOW in order to give the 30 day notice....But our annual meeting isn't until Jan 16th, our anniversary date. So can we make the increase now and then have it already in the budget for 2007....I have not heard a word from the other Board members about anything. I even found out this morning that our utility bills have not been paid that were delinquent 11/13/06. We are truly in need of this extra assessment, I have found that the 2006 budget was low balled by the developer (we took over last Jan) and we have 12/13 delinquent account some as old as 3 payments behind and the way I figured it we are over budget. I had crunched the numbers and given them to the President and Treasure and they have never said anything about it...neither has said I was wrong but nothing has come of it. I was hoping we could get all this done in time. I need something from someone smarter than I am to show them what needs to be done. Any help would be appreciated....Thanks
RogerB (Colorado)
Posts: 5,067
Posted:
My response to Sidney is based on the assumption that By-laws state the Board approves the assessment .... AND .... the members must ratify the budget at the annual meeting ... AND .... if the members do not ratify the budget the Board must modify it and present it again at a future meeting. If your association does not require this then my comments do not apply. When these conditions are not in By-laws there does need to be other protection for members such as "up to 10%" or "equal to cost of living".

Under the conditions in the By-laws we consider proper, since the budget includes the assessment (it is the major portion of income) it would not be legal to bill for an increase in assessment prior to ratification by the members. We have never observed a problem with getting approval for whatever increase in assessment is asked for by the Board as long as it is reasonable and justified.

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