HOA budget & Assessments

In preparing an HOA budget can a board prepare the budget anyway they want to per Florida Statute 720 when their documents and a court order states that assessments have to be charged a certain way.
What takes presentient Statute 720 or the court order and the HOA documents.

Was this court order you refer to placed on your HOA?

I want to thank everyone for your comments. The court order was against the HOA and was made part of the HOA documents, it stated that in the settlement/court order. However the board felt that the Florida Statue says they can do what ever they want when preparing the budget. Even though they had agreed to the settlement 6 months earlier.

What are your thoughts and what does it mean on the comment below where it states "(if such opening does not coincide with the fiscal budget year)".

To the extent that these assessments are insufficient to cover the budgeted or actual expenses relative to the operation, management or maintenance of the club area facilities during the initial partial year of operations (if such opening does not coincide with the fiscal budget year), MFS shall pay any deficit incurred during this period.

MFS is the builder that's finishing building a started club house when the initial builder went under.

Lets say the club house is being completed in three phases and after each phase is completed the assessments would be $21 a month for Phase 1, $47 a month for Phases 1 & 2 and $75 a month for Phases 1 & 2 & 3.

All these phases are not completed at the same time or date. Phase 1 was completed Oct 1, 2011 and Phase 2 was completed Mar 15, 2012. Phase 3 is not completed yet and the est completion date is by the end of this year.

The HOA budget was prepared in Oct 2011 for Facial year budget 2012. So when the budget was done the only phase completed at that time was phase 1. How do you complete the 2012 budget with the above facts. Would you just budget for Phase 1 in Oct 2011 for the Facial year 2012 budget, since the other 2 phases weren't completed yet?
Would you start charging for phase 2 with phase 1 when it is done in March 15th 2012 and recast a new budget or wait until the next budget is completed for 2013 is done in Oct 2012 to start charging for phases 1 & 2. And the difference would be paid by deficit funding by MFS builder.

Should the budget for 2012 just include Phase 1 and MFS pay for phase 2 by deficit funding for the rest of 2012.

Thanks,

Stephen

Tim,
This was a settlement agreement with a court ordered mediator and it was signed by the Judge that ordered the mediation. The attorneys involved also referred to this also as a court order.
It is being taken back to court for enforcement.
Thanks,
Stephen