Supplemental assessment-rule?

I serve on a HOA BOD here in Palm Bay , FL. Our BOD President proposed the max increase to annual assessment last year. i.e. 10%. The BOD voted it down and instituted a 5% increase to the annual budget. Now at the March 2007 BOD meeting the President wanted to add the other 5% noting that we did not raise the 2007 to the max of 10%. We have no provision in our DOC'S for any "Supplemental Assessment" or anything except for "Special Assessments" for certain projects.. This additional 5% has not been identified or earmarked in his discussion to raise. Your thoughts?

A few things you should be aware of in Florida. Florida Statute 720.303.2 says: . 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 television not less than 14 days before the meeting.

So did they / are they going to send out written notice 14 days before the meeting letting people know that they will be discussing raising the dues (or applying a special assessment) and by how much?

Our governing documents allow for special assessments for repairs or construction of capital improvements. We can not create a special assessment for being underbudget and we can not create a special assessment because we want to hire someone to perform any old service. In addition to that our documents say that we have to give 15 days notice in writting to every homeowner that we are going to be considering a special assessment for some purpose, for some amount and with some reasoning. The vote is taken of all members (assumably in good standing) and if 2/3rd want the assessment then it is approved, if not the board has to deal with it.

Florida has some of the most specific statutes in the country around HOAs and they must be followed. If your board attempts to do what they want in disregard of the statutes or governing documents they can be sued personally. It is a serious matter and they don't wield unrestricted power.

Reply to BradD2.
The Monthly Meeting is properly posted and the 5% increase or the 2007 Annual Assessment is on the agenda for"discussion". Not for voting...but I think it would have been voted on if I did not object and quote the DOC'S by reading them to all the BOD..but after much discussion the President concluded that the DOC'S "do not preclude" the additional increase of the Annual Assessment that is in effect...Jan 1st through Dec.31st is our year.

My rule of thumb is.."if it is not included, then it is not permissable". I agree..Annual Assessments are once.=annual.
I think they were trying to pull a fast one.