Less than full Board

Started by LauraM1 • 3 replies • 1072 views

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LauraM1 (Florida)
Posts: 2

Posted:

Our HOA doc provide for 7 Directors. We only have 4 serving. Although the all 4 voted in favor of a Special Assessment, such Assessment requires a 662/3 percentage to pass. 4/7 is less than 662/3 percent. Is the levy valid?? or do we need another director to make 5/7 which will be greater than 662/3??

RogerB (Colorado)
Posts: 5,067

Posted:

Laura, 4 out of 4 is 100%. So if the Board can levy a special assessment without the approval of 2/3 (66.7%) of the members of the HOA then the levy is valid.

JackG2 (Virginia)
Posts: 10

Posted:

Roger, I'm not too sure that is correct.

If it were to state in the Associations by-laws that for a special assessment to be imposed a 66 2/3% majority is needed for it to pass, the vote by the board is not enough.

In our Association that is what is needed for any special assessment, and is only valid for 2 years. After that it must be voted on again and approved with 66 2/3% for another 2 year period. We're also restricted from increasing the regular monthly assessment above a provided calculation in our by-laws, based on the Consumer Price Index.

JackG2 (Virginia)
Posts: 10

Posted:

Sorry, when I said 66 2/3% majority, I'm speaking of that majority of the homeowners.

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