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NickL (Florida)
Posts: 1
Posted:
Our Board is planning on completing a SA. Our HOA is in Florida. Is it required to have a "meeting" at a designated location or can it be approved by petition over a few days at our clubhouse. It will be noticed to the membership as all of our meetings.
KevinC2 (Michigan)
Posts: 15
Posted:
You should probably check to see what your bylaws state. For my condo association in MI, the board reserves the right to approve special assessments as they see fit. Because we want our co-owners to be involved and the community to have a say, we will typically put it up for a vote at the annual meeting.

Kevin
Board President
The Courtyards Association
BradP (Kansas)
Posts: 2,640
Posted:
Nick:

Check your bylaws, ours require a meeting called for that purpose and require 2/3 owner approval of those at the meeting. Even if it doesn't require a meeting or owner approval I would cya and call one anyway and explain what you are doing.
BarbaraK (Florida)
Posts: 36
Posted:
Nick: A meeting must be called with 14 days' notice to inform the homeowners of your intent to have a Special Assessment. They must be informed as to the exact purpose for the SA. If I'm not mistaken HOAs do not need homeowner approval. The Board of Directors has the authority to vote to have a SA.
Barb K
LanceT (Alabama)
Posts: 121
Posted:
No board members do NOT have the right to vote in a special assessment! The board comes up with the idea or presents the need for having one but does NOT approve one on their own. It is a MAJORITY of homeowner vote in order to have a special assessment and pay for a project.
Example: The pool needs resurfacing. It's cutting kid's feet for years. The HOA doesn't have enough money to pay the $5K the repairs are going to cost. The BOARD will gather bids for the job and then request the owner's meet for approving a special assessment. At this meeting, (or other form of homeowner voting) the board will present the financial situation, the need, and the divided costs to each homeowner. The SA MUST be divided evenly amongst ALL homeowners. If you have 500 owners then each must pay $100. In theory, the SA shouldn't be raised to cover those who won't pay. However, that often happens just to get the project done.
It's a misconception that board's can pass SA. That is strictly a general membership responsibility. The Board CAN vote to spend reserve monies without membership approval which is different than a SA. It's easier to spend from the reserve fund than have a SA for a board.

Recovering Ex-President of a HOA
GlenL (Ohio)
Posts: 5,491
Posted:
Lance when you make such a definitive statement such as, "No board members do NOT have the right to vote in a special assessment", are you talking State law, your Association's rules or the rules of Nick's Association?

Even after the State of Ohio changed the rules requiring the majority of homeowners to vote each year to allow special assessments in their Association; if one is allowed and is needed the BOD decides on the amount and whether to have one, not the homeowners.

Studies show that 5 out of 4 people have problems with fractions
BarbaraK (Florida)
Posts: 36
Posted:
Lance: The Florida Statutes 720. say that a notice must go out to the members 14 days before a meeting at which a special assessment is being considered. It must be specific to what the assessment is to be used. That's all it addresses. Unless your Documents say that Homeowners must vote on it, that is not the case in Florida. It's discussed, then the Board votes, and of course, each homeowners pays an equal amount. Below is taken from the Florida Statutes.

2. An assessment may not be levied at a board meeting unless a written notice of the meeting is provided to all members at least 14 days before the meeting, which notice includes a statement that assessments will be considered at the meeting and the nature of the assessments
BradP (Kansas)
Posts: 2,640
Posted:
Barbara:

I think in your original post it would have been helpful to state that you were referencing the state of Florida. I wish my association was like that, however, I don't know if it is a great idea to give the board that much authority to levy a special assessment. I do know my association requires a 2/3 homeowner vote and a meeting has to be called for that specific purpose.

JohnM3 (Florida)
Posts: 288
Posted:
If your in Florida all must approve includeing the BOD. Why go thru that agrevation go to BANCO POPULAR formely Kislak and get a loan then repay on there schedule as a budget line item. Its easier and faster.Far simpler we did this twice and paid it off as quickly as possible. But warning your accts recieveable can not be greater than 15 percent of your yearly budget.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Getting a loan for the HOA isn't a good idea. It causes even more debt. That loan payment now has to be added into the bills paid each month. That doesn't necessary mean avoiding a SA entirely. You may have to have one to afford the loan payments. The HOA may have to vote to raise dues to cover the additional monthly loan payment. Alot of HOA's like mine are cutting it pretty close each month covering their bills. Adding an additional $500 may not seem like much but it can be. That $500 could be used to cover legal costs of collecting unpaid dues or to cover an unexpectant bill. It's also not all that easy for a HOA to get a loan and the process may be similar to having a SA.
If your concerned about having enough "turnout" to the special meeting. (Special meetings are usually required in order to have a SA) try this approach. Our lawyer drafted 2 separate petitions. The first petition was an agreement that it was okay for the homeowner to cast their vote WITHOUT having to attend the special meeting. The Second petition was for the actual vote. Ironically, you have to give up your right to congregrate for the special purpose in order to allow yourself to vote on your time! This approach worked for us and enabled us to go door to door.
Make sure the SA is for the exact cost of a project and it is divided amongst ALL the homeowner's equally. You know some won't pay. You may want to "adjust" the total amount to collect to reflect this and then divide that equally if you really need to meet your goal. Otherwise, you may be held up waiting on each individual to pay up. It's not exactly "fair" to the people paying, but if they want something done, it's the price they have to pay.

Former HOA President

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