Vote to Increase Assessments

Started by EleanorS2 • 7 replies • 551 views

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EleanorS2 (Florida)
Posts: 1

Posted:

Our CCR's state assessments cannot be increased more than 3%. The BOD held a special vote to increase our assessments above that level to fund the lease of a community center. It barely passed. My question is now that our assessment has been increased does anything have to be filed either with the Sect of State or at least recorded in the Official Records at the County level. I live in Florida

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Annual assessment vs special assessment?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

If its past 3% and your docs say you cant due that, you would likely have to sue the HOA in court. Court will rule. Then levels will likely be brought back down to 3% and a special assessment will be made for the remaining money to be paid by you along with lawyer fees by you and the HOA.

Just estimating what will happen.....

BarbaraT1 (Texas)
Posts: 821

Posted:

Quote:

Posted By SteveM9 on 12/04/2019 6:44 AM
If its past 3% and your docs say you cant due that, you would likely have to sue the HOA in court. Court will rule. Then levels will likely be brought back down to 3% and a special assessment will be made for the remaining money to be paid by you along with lawyer fees by you and the HOA.

Just estimating what will happen.....

I don't think the OP was suggesting the increase was improper. They are asking if anything further needs to be done now that the (proper) vote to increase the assessment has been held.

OP - if you passed a budget resolution, you can file that with the county. It's not typically necessary.

EdC5 (Florida)
Posts: 117

Posted:

Quote:

Posted By EleanorS2 on 12/04/2019 5:31 AM
Our CCR's state assessments cannot be increased more than 3%. The BOD held a special vote to increase our assessments above that level to fund the lease of a community center. It barely passed. My question is now that our assessment has been increased does anything have to be filed either with the Sect of State or at least recorded in the Official Records at the County level. I live in Florida

The answer is no; the operations of an HOA are, generally, wholly internal. While that holds true for associations governed by chapt. 720, it doesn't hold true for those under chapt. 723. So, as long as your association is governed by 720, nothing needs to be reported to the county or the state.

As far as the increase in the assessment above the limit allowed by the CC&Rs, that was correctly addressed by other posters.

Edward J Cooke, CMCA, LCAM

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

I don't think the OP was suggesting the increase was improper.

Ahh.. I read it like there was going to be a conflict.

Just hope they did the vote correctly. Many CCR's dont allow changes/override without 100% of vote.

Good luck.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

I don't think so. The state doesn't really care how much an association's assessments are. In fact, the condo statute, FS 718, provides for alternative dispute resolution by the DBPR in certain cases. FS 718 explicitly declares that "dispute" does not include the levy of a fee or assessment, or collection of same. The list of disputes eligible for DBPR arbitration in a FS 720 HOA is much smaller than it is for condos.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Elenor

Many people do not fully understand how a dues/assessment increase can be done. Many of our owners would have said the same thing about a 3% increase as you did but they did not read the fine print.

Basically our BOD can raise the dues any amount they want but only once a year, in the new year's budget. If this increase is turned down by the owners (requires a Special Meeting and 2/3rds of all owners voting no) then a 3% increase is allowed. Most of our owners believed we could only raise the dues 3% a year. Wrongo.........

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