Only part of HOA members pay assessment

I'm checking FL statute 720.308 and will be checking the covenants as soon as I can figure this out.
But...I need and opinion from FL HOA members....

Our HOA has sent out a proxy for an assessment ( a pool heater) ...a pool that belongs to the entire HOA Master association.
Our association consists of 139 units out of a total of over 1,000 units in the Master association.
The pool is owned by the entire 1,000+ members but we (139 units) are being asked via proxy vote to pay for the new requested expense that will benefit all in the Master association.

How can this be legal? Like I said, I am wading through all the print now.

Statute 720.308(a) states the following:

(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.

My thoughts are that there may be different classes of membership established in the master association versus the sub-associations then yes, they may be able to assess only the homes in your association. But, another question is that because the statute states that differing classes may include varying levels of service or other relevant factors, if this pool is owned by all but primarily used by your association, then I would think that regardless of actual reference to different classes of membership the Master Association may assess only your association.

My personal opinion is that if all 1000 units were to be assessed the cost would be insignificant for all and a reasonable pill to swallow. This would be an excellent point to bring up to the board.

Mar

I could be wrong, but I doubt 139 of the 1,000 owners "eligible/allowed" to use the pool are the only ones being billed.

I know of situations where an amenity is only available to those in a Sub HOA which is part of a Master HOA. Such as of the 1,000 Master HOA, only the 139 members of the Sub HOA are allowed to use that particular amenity. Thus the 139 pay what needs to be paid to maintain the amenity.

More information is needed.

Thank you all for your comments!

This is all so involved and complicated....and boring to repeat. Why the ‘sub 'association would want to get involved in this is anyone’s guess. There are no answers. All questions are answered with...go to the minutes. We have. Nothing explains any of this in detail.

We are asking that this Assessment/Vote be cancelled because all signatures must to be included on any assessment on the Master Association property.

Also, there must be a legal agreement and document between the the Master Association and 'sub’ association if there is a requested assessment.

Also, mentioned is the legal fiduciary responsibility that the 'sub’ association directors have to their association members.

I update this forum fyi.