HOA Assessment Fee Increase

By Florida Law is the HOA supposed to mail (USPS) a letter stating that the Assessment fees will increase? Isn't there a cap on how much (percentage) they can increase per year? Also, for additional Special Assessments (road improvement, hot tub addition) isn't a letter supposed to be mailed out with the budget for these improvements/additions.

You should check your documents as well - I would hope there's something that addresses assessments and making the budget available to the homeowners. Special assessments usually have to be approved by the members, but you have to look at the budget first.

As far as a cap goes, I would think that varies by community. In our community, the board can up the budget up to 5% over the current year's fees without homeowner approval - check your documents to see if that's addressed as well. I don't think it would be practical for a state legislature to mandate a cap because community 1 may have more or fewer items to cover in its budget as opposed to community 2.

And haven't you asked your Board about any of this anyway? If so, what was the response?

In our HOA we can raise the annual assessment as much as we jolly well like to. That said, there is a procedure for owners to overturn any increase but we do not need their approval to do so.

Hi Melody,
As long as meeting notice requirements are met, and in the absence of limiting language in the governing documents, an HOA board can raise assessments as much as it wants without limitation. Board meetings where Regular Assessments are considered require the notice (which does not have to be written) to state that assessments will be considered.

Board meetings where a Special Assessment is considered do require a 14-day advance written notice.

In both cases any cap would have to be specified in the governing documents. The statute doesn't care. There are additional steps to be followed for Condominium associations that want to increase assessments by 15% or more, but they don't apply to HOAs.

Jabberwocky

'Twas brillig, and the slithy toves
Did gyre and gimble in the wabe:
All mimsy were the borogoves,
And the mome raths outgrabe.

'Beware the Jabberwock, my son!
The jaws that bite, the claws that catch!
Beware the Jubjub bird, and shun
The frumious Bandersnatch!'

He took his vorpal sword in hand:
Long time the manxome foe he sought --
So rested he by the Tumtum tree,
And stood a while in thought.

And, as in uffish thought he stood,
The Jabberwock, with eyes of flame,
Came whiffling through the tulgey wood,
And burbled as it came!

One two! One two! And through and through
The vorpal blade went snicker-snack!
He left it dead, and with its head
He went galumphing back.

'And hast thou slain the Jabberwock?
Come to my arms, my beamish boy!
Oh frabjous day! Callooh! Callay!'
He chortled in his joy.

'Twas brillig, and the slithy toves
Did gyre and gimble in the wabe:
All mimsy were the borogoves,
And the mome raths outgrabe.

Lewis Carroll

WONERFUL