Special Assessments in By-Laws

In looking over some papers for my neighbor I had come across another question:

The covenants and restrictions make no mention to special assessments. There is a reference in an amendment to levy and enforce a monthly assessment.

Now reading the By-Laws there is a section regarding Special Assessments and it states that the board may issue a special assessment to tackle "unusual, unexpected, budgeted, or not-recurring expenses" with the approval of all lot owners, but later amended to only require the approval of all members who were voting in person or by proxy at a meeting.

While this does not affect me because I am not a member, so any special assessment would be approved and levied by and for members (although I am sure they would insist I pay), I was curious if this would even be enforceable since there is nothing in the declaration authorizing the use of special assessments.

I could see that it is possibly enforceable because it only deals with the membership only BUT I could also see an issue since their amendment forces homeowners into membership upon transfer of ownership.

Not necessarily in Florida.

'His' covenants may have expired.

He may have elected NOT to rejoin the association.

He loses all rights to the use of common elements (except, if private roads, DIRECT to and from access to his house).

The legal quandary of paying his maintenance share for said 'easement by virtue of necessity' become a legal quagmire.

If you're not a member anyway, and the association apparently failed in its attempt to collect assessments from you, why do you care? I think you need to settle the question on your status once and for all and then worry about the special assessments

While I am focusing on my issues, some of my neighbors are unable to fight the long battle of challenging the legitimacy of an amendment or revitalization, or cannot wait to get certain repairs done AND fend of a HOA attorney. That is why many of my neighbors just do as they are told.

This matter also relates to my complaint because nowhere in the original restrictions mentioned assessments or special assesments. The amendment referenced monthly assessments but the by-laws reference special assesments for members. Because the restrictions expired but they plan on reimposing them on my property, the possibility of special assessments is a huge deal being that it was never in the original scope of the developement. Since they claim most homeowners are members, and they st at e in their by-laws that members must pay, this issue is kind of a sub-issue to my complaint.

A special assessment is a very very rare thing for an HOA to ever do. It's a whole project that is just a nightmare to undertake. The board can't just invent a special assessment and approve it. They have to propose it to the entire membership. It then takes a majority vote of the entire membership to approve a special assessment. Which can or can not require a special meeting to do so. The board then has the responsibility to collect the money and then spend it on the project. Non-payers can be subject to a lien for a special assessment if necessary.

A HOA is ONLY funded by it's members for it's members. The members are it's ONLY resource of funds. Your members want repairs to be done? They want a HOA lawyer? They want the board to take collection actions? ALL of this costs money. Where does the HOA get it? Well by regular dues (assessments) or special assessments for larger projects.

Our HOA has only done special assessment 2 times in 25 years. They were for MAJOR projects costing over 5K to 25K. Which the most money we paid individually was $350. A small drop in the bigger scheme of things that benefited the membership as a whole. Not all special assessments are bad and it takes ALOT ALOT of work and approval before it even becomes an issue. Just having the ability means nothing until something needs fixed or paid for out of budget. Makes no sense not to have that ability at all.

Suing your HOA is suing yourself and your neighbors. So if your "fighting" your HOA, your fighting your neighbors too. Who may support your ideas and issues but NOT willing to pay for them. Their money and yours is going to that wonderful HOA lawyer bill... If you truly have an issue in your HOA the best way to "fight" is to get a majority of like minded owners to assert their rights. Which can be done by voting in/out board members and rules. It doesn't hurt that you and your members can also vote as a special assessment to pay for what you want too.

And the problem is??? Sorry but if your not a member, not required to be one, and the process does involve meetings etc... Then what is the problem exactly with them having the ability to have the ability to do a Special assessment IF necessary? Why deny another source of income just because???

The problem is that they insist I am a member and am subject to these rules that are not in the declaration. Once I'm done with them I will probably let them self destruct.