Special Assessments

Started by ErikaR • 12 replies • 1475 views

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ErikaR (Florida)
Posts: 19

Posted:

I live in Florida. Our newly voted BOD had their initial meeting last night and passed a "special assessment" to be levied to cover the fees of having one garbage hauler in our community. The budget for this year was passed in Nov, 2006 and our HOA dues were due between 1/01/07-2/15/07. Now we have to pay an additional $95 by 3/1/07 and try to collect refunds from the hauler we are currently using ourselves. I read the "special assessment" section of our bylaws which cover costs that do not occur yearly, capital improvements and damages/expenses chargeable against a unit. I don't think the BOD has the right to charge a "special assessment" for this but instead needs to put this in the annual budget. Please advise.

LindaC3 (Florida)
Posts: 526

Posted:

Erika-- You need to go read Fla State Statute 720....

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 televsion NOT LESS than 14 days before the meeting....

Hope this helps....I would also suggest that you print the entire Chapter 720 -it's 30 pages long but it will allow for you to highlight sections that are of grave importance to you as a member of an HOA in The GREAT STATE OF FLORIDA....

And yes garbage collection is part of the annual operating costs associated with the HOA....not a special assessment,in my opinion...Maybe they should just redo the budget and ask for "bids" from other waste removal companies...........

Linda C

ErikaR (Florida)
Posts: 19

Posted:

Thank you for the response. I have copied the statutes and the applicable part of our bylaws and began a discussion on this. The information was very helpful and I appreciate it.

Thanks,

Erika

BevN (Florida)
Posts: 1

Posted:

HI, I AM ALSO A NEW BOARD MEMBER AND DISCOVERED THAT WE HAVE A OUTSTANDING WATER BILL OS $22,000. OUR WATER WILL WILL BE TURN OFF IF SOME ARANGEMENT IS'T MADE. WE HAVE CONSIDERED SPECIAL ACESSMENT. DOES ANY ONE HAVE ANY ADVICE TO HELP ME WITH A SOLUTION. AND A SAMPLE OF A SPECIAL ACESSMENT NOTICE.
THANKS BEV

GlenL (Ohio)
Posts: 5,491

Posted:

If your State allows Special Assessments the procedure for assessing one and any limits should be spelled out in your governing documents. In Ohio an Association must put at least 10% of its annual budget into reserves or the majority of the homeowners in the association must vote each year to allow special assessments.

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

ErikaR (Florida)
Posts: 19

Posted:

This has all been very helpful. The BOD has not responded to my e-mail, or my neighbors, pointing out the Statutes. The BOD planned on moving on this "special assessment" outlined at Tuesday's meeting before the February meeting. I want to have as much information as possible if they start sending out bills. I have the section of our bylaws outlining what a special assessment is and is not, this is not going to qualify. I have a copy of the relevant State Statutes. I also have a copy of the form to file for State mediation. What I cannot find is how to file a complaint against an HOA. I don't think mediation would be the answer if the BOD pursues this because what they did was illegal. I don't have any current violations or outstanding bills so I do not have a dispute. Can anyone direct me about filing a complaint separate from the mediation request. I got lost at the FL State legislative site and ended up at the mediation request. Thank you, appreciate the help.

Erika

LindaC3 (Florida)
Posts: 526

Posted:

Erika--- I have copied and pasted just the body of the text of your request and sent to a homeowner here who has extensive experience with DPBR in florida......They were not sent anything showing that it came from HOA Talk....When they reply to me I will forward to the forum their comments .....Linda C

LindaC3 (Florida)
Posts: 526

Posted:

Erika--- Here is reply from a fellow HOA neighbor of mine who is well versed ....Hope this helps..He has filed with DPBR a few times against our HOA....LindaC

1st she needs to send a letter by certified mail to all the board members
that what they are doing is unlawful and site the documentation whether it
be SS or Bylaws that support what she believes.

2nd she needs to include in that letter the SS that states the notice
required for the special assesment and its specific purpose along with the
SS that these Board members are not liable for their actions "Except" when
the law is broken, hence they will not be able to plea ignorant and can be
held accountable.

last, she will have to infer to them that it is her intent to persue the
issue and if need be file a petition for mediation before proceeding with a
civil matter. Petition is now required whether it applies or not and the
state will respond to let you know if it does.

Peace by Force,

John M.

ErikaR (Florida)
Posts: 19

Posted:

Linda you are an angel! I found the response from your contact very helpful. I had thought about sending a letter but not looking up the SS that states BOD members cannot be sued unless they ignore the law. I will have some research and writing to do this weekend. I really appreciate you going the extra mile to help answer this for me. Currently the BOD is ignoring myself and neighbors we don't know if they are pursuing this or not. I am going to take the advice exactly as given.

Very grateful,

Erika

LindaC3 (Florida)
Posts: 526

Posted:

Erika-- thanks for the compliment-- first time this week I've been called an angel--- LOL.... That's the beauty of this forum...We are here to lend a helping hand to our fellow HOA members in their time of need.............We are less than 72 hrs away from our Annual Membership meeting and i am seeking a seat on the BOD and fromthe kindness of folks here on the forum I have LEARNED so much.... It's so much better to be a proactive Member and state fact to your BOD than it is to have that knee jerk reaction of LET'S Sue--- The forum taught me that and it has worked so far ----- Fingers crossed we have a large attendance at our meeting-- They are all saying this is going to be a meeting of historical proportion...........Results to the Group Sunday evening.........LindaC

hoatalk (California)
Posts: 603

Posted:

Posted By LindaC3 on 01/18/2007 3:38 PM

We are less than 72 hrs away from our Annual Membership meeting and i am seeking a seat on the BOD and fromthe kindness of folks here on the forum I have LEARNED so much.... It's so much better to be a proactive Member and state fact to your BOD than it is to have that knee jerk reaction of LET'S Sue--- The forum taught me that and it has worked so far ----- LindaC

Linda, We wish you success in the election! We look forward to hearing the results.

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LindaC3 (Florida)
Posts: 526

Posted:

HOA TALK--- Thanks for the good wishes..... I am so excited about this upcoming election and all the good changes we all are anticipating.....Fingers are crossed--- But even if I should not gain a seat I will still continue to be a PROACTIVE MEMBER of my HOA...After all it is where I call HOME ,and home is where the heart is....Linda C

ErikaR (Florida)
Posts: 19

Posted:

Linda,

Fingers crossed here. Best of luck to you and your community. You sure are helping my community - I would vote for you here!

Please post how it went, they would be fortunate to have you!

Erika

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