Connon area usage fee

In 2010 during a meeting in March our board voted to put a user fee on the swiming pool. There was no notice and quorum or discussion and only the board had a vote on the fee. They said it was to cover pool expenses although they were budgeted and paid for by dues in our annual budget. In 2011 the also waived the annual automatic dues increase say it not needed and again placed a fee on pool use. This time with no vote. Our documents give us right of easement and enjoyment of all common areas. It defines the "Association" as a non profit corporation. It does give the association the right to charge reasonable admission to common areas but gives no such power to the board and no attempt to change the bylaws. They don't need money in November but do in March? We do not charge for boat ramp,clubhouse, or compound. Our association was established in 1972 and this is the first time we have had to pay fees for something that we really already own. I have advised them this is illegal and they refuse to stop. What can I do?

Thanks It all comes down A BOD meeting where someone throws out an proposal to tax their own members who use the pool with not a thought of whether or not it was against our declarations. They start off with over 50% support from those who are happy not to have their dues raised or pay an special assessment and go from there. It seems unusual even for this site. Most people just don't care. Like you I believe it's slam dunk wrong. What do I do?

From 720.303...

(d) If 20 percent of the total voting interests petition the board to address an item of business, the board shall at its next regular board meeting or at a special meeting of the board, but not later than 60 days after the receipt of the petition, take the petitioned item up on an agenda. The board shall give all members notice of the meeting at which the petitioned item shall be addressed in accordance with the 14-day notice requirement pursuant to subparagraph (c)2. Each member shall have the right to speak for at least 3 minutes on each matter placed on the agenda by petition, provided that the member signs the sign-up sheet, if one is provided, or submits a written request to speak prior to the meeting. Other than addressing the petitioned item at the meeting, the board is not obligated to take any other action requested by the petition.

Hi James:

Assessments are to be divided per governing documents and are shared proportional to each unit’s share of common area owned and therefore expense to be paid for said common area. Below are some of the statute text for both Condo or HOA depending on which your association falls under:

Condominium Associations:

 718.115Common expenses and common surplus.—

 (2)Except as otherwise provided by this chapter, funds for payment of the common expenses of a condominium shall be collected by assessments against the units in that condominium in the proportions or percentages provided in that condominium’s declaration. In a residential condominium, or mixed-use condominium created after January 1, 1996, each unit’s share of the common expenses of the condominium and common surplus of the condominium shall be the same as the unit’s appurtenant ownership interest in the common elements.

Homeowner Associations:

 720.308Assessments and charges.—

 (1)ASSESSMENTS.—For any community created after October 1, 1995, the governing documents must describe the manner in which expenses are shared and specify the member’s proportional share thereof.
 (a)Assessments levied pursuant to the annual budget or special assessment must be in the member’s proportional share of expenses as described in the governing document, which share may be different among classes of parcels based upon the state of development thereof, levels of services received by the applicable members, or other relevant factors.