"Special Assessment" HOA FL 720

Started by EdG1 • 5 replies • 1161 views

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EdG1 (Florida)
Posts: 14

Posted:

In early Sep. I wrote re: our HOA's attempt to approve a $650,000+ Capital Improvement w/o the approval of the
homeowners. Well, they approved it as a result of an'opinion', by counsel, that stated the CI's were NOT
"unanticipated" costs and expenses ! As a result of planning, and two "guestimates", we are now burdened by
two years of increased assessments,....due to this opinion ! If the 'special assessment' was, in fact, used, it
would have required a 2/3 majority vote, and the CI would have been defeated ! (92% are against the project)
Does anyone have any Fl.case-law data that can be used to further defeat this ? EdG1

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

You are well beyond arguing with the board. If you want to fight this you need to talk or mail the other homeowners, get a fund together and pay for a lawyer. Simply arguing with the board will not work.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

EdG1 (Florida)
Posts: 14

Posted:

Steve- Thanks, but before we start spending $325/hr., I'm looking for anyone's experience w/ the 'special assessment' issue. Ed.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

ED

So far they have covered all their bases. Spend the money for an attorney or it will go down.

PaulT6 (California)
Posts: 409

Posted:

Quote:

Posted By EdG1 on 11/01/2012 8:51 AM
In early Sep. I wrote re: our HOA's attempt to approve a $650,000+ Capital Improvement w/o the approval of the
homeowners. Well, they approved it as a result of an'opinion', by counsel, that stated the CI's were NOT
"unanticipated" costs and expenses ! As a result of planning, and two "guestimates", we are now burdened by
two years of increased assessments,....due to this opinion ! If the 'special assessment' was, in fact, used, it
would have required a 2/3 majority vote, and the CI would have been defeated ! (92% are against the project)
Does anyone have any Fl.case-law data that can be used to further defeat this ? EdG1

"No voting allowed" Yes, I am familiar with this concept. Some years back our Board decided to increase our Development fund by a whole lot. Why did they do that, you ask? Our By-Laws state that large projects must have Membership approval, EXCEPT if the funds have been "previously accumulated". We now have almost $7 Million sitting there and by 2015 it is projected to be over $18 Million, all available to the Board without a Membership vote. I requested a vote, a survey, and a discussion item on the agenda to revise our By-Laws, all were rejected. So, it is pay ahead and lose your right to vote.
Unfortunately, 80% of our owners are part timers and don't seem to be concerned about being boiling frogs.

It appears your Board is also creative, wish I had an answer for you. As always, legal action against your Board appears to be the only alternative?

Paul T

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