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standard maintenance special assessment form

Started by PatrickM12 • 12 replies • 669 views

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PatrickM12 (New York)
Posts: 3
Posted:
Need to inform all owners that a special road maintenance assessment ($25,000.00) had been voted with the required number of yes votes at the July meeting. I was hoping there is a standard form available to use as a basis.
KerryL1 (California)
Posts: 14,550
Posted:
Welcome to the forum, Patricia.

Is this $25,000 per dwelling? Who voted on this? The board or Owners? Are you on the board?

Maybe someone knows of a special form, but I don't think there is one. Much of this might depend on NY state laws re: HOAs. I'd get your HOA attorney's advice to make sure everything is on the up and up.
KerryL1 (California)
Posts: 14,550
Posted:
Sorry... Patrick.
EdC5 (Florida)
Posts: 117
Posted:
Your management company should be taking care of that for you.
Edward J Cooke, CMCA, LCAM
SheliaH (Indiana)
Posts: 6,964
Posted:
Why do you need a standard form? If a vote was taken to approve a special assessment that will cost $25K, what's so difficult about sending a letter to the homeowners saying the vote was taken on X date, Y number of votes were received, this number approved, that number didn't and therefore, the assessment is approved. This will cost X amount per homeowner and here are the payment details - any questions or concerns, here' the contact information.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
PatrickM12 (New York)
Posts: 3
Posted:
Thanks for all responses.
This is a small 25 homes in the Adirondacks with a some what dysfunctional HOA. Older group. I am 77 and a newly member of the
Board. I was looking to see if there was a standard form to insure lest amount of blow back as I took on the task of
Getting a contractor to repave the road. So I just sent out basic notification.
40% of the owners were not at the meeting
And 70% only live here summer months. Not your normal HOA.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
That is a lot more HOA's than you think. So how was the vote taken? Was it a board decision? What does you documents say on how a special assessment vote is to be taken? Just curious because doesn't sound like it was by majority member vote.
Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Patrick

You had better go back and read your Covenants a little closer. Rarely can a Special Assessment be approved unless approved by a specific % of ALL OWNERS. I say again, ALL OWNERS and usually requires 2/3rds or more though I have seen some at 51%.

Do not confuse % of those at a meeting or % of those voting versus % of all owners.
PestY
Posts: 128
Posted:
DITTO
KerryL1 (California)
Posts: 14,550
Posted:
I af free with Melissa, Pesty & JohnC. Even small HOAs with little owners involvement must follow their own governing documents and also state laws.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By JohnC46 on 07/10/2019 8:32 AM
Patrick

You had better go back and read your Covenants a little closer. Rarely can a Special Assessment be approved unless approved by a specific % of ALL OWNERS. I say again, ALL OWNERS and usually requires 2/3rds or more though I have seen some at 51%.

Requirement for member approval for special assessments might be common, but it is far from universal. Here is what our CCRs say about special assessments:
Special assessments may be made by the Board of Directors of
said Association from time to time to meet other needs or
requirements of the Association in the operation and management
of the common areas, and to provide for emergencies, repairs or
replacements and infrequently recurring items of maintenance.

Our board can also raise annual assessments by any amount, but increases over 15% allow the members to petition for a special meeting to reconsider the budget.
Escaped former treasurer and director of a self managed association.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our BOD can raise the yearly dues once a year (01/01) as high as they want to raise them without any owner consent.

We do need 2/3rds of all owner approving any Special Assessment.

Kind of pay me now or pay me later, but you will pay me...LOL
TimB4 (Tennessee)
Posts: 21,062
Posted:

There is no standard form I am aware of.

A simple letter titled SPECIAL ASSESSMENT with the info should suffice.

SPECIAL ASSESSMENT

$xx.xx per lot due on mm/dd/yyyy

On [date], in accordance with Article x, Section y of our [name of document] the board/membership voted in favor of a special assessment for the purpose of road maintenance.

Please send your payment in the amount of $xx.xx by mm/dd/yyyy to

Name of Association
Mailing Address

If there are any questions, please contact the Board of Directors at the address above or via email at [email protected]

For the Board

Name

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