Quote:
Posted By KathyF6 on 01/08/2020 6:30 PM
Other than special assessments, etc:
... the Board, without a vote of the Members, may increase the maximum annual assessments during each fiscal year of the Association by an amount ("Permitted Percentage Increase") equal to the greater of: (i) ten percent (10%); or (ii) a percentage calculated by dividing the Consumer Price Index in the most recent October (identified by an "A" in the formula) by the Consumer Price Index for the October one (l) year prior (identified by a "B" in the formula), minus one (l) (i.e., CPI percentage= A/B - l).
It's odd that the bylaws would tie the board's hands this way. Prices rise as they rise - they don't care about limits in bylaws. (By the by, the CPI is not a very good benchmark to measure HOA expenses. The PPI - Producer Price Index - is better because it measures the cost of raw materials instead of things like food, clothing and medical care.)
There are a number of things that could result in much higher expenses for an HOA:
* Large increase in insurance premiums because of 1. excessive small claims; 2. had to settle a lawsuit; 3. HOA was previously under-insured.
* Years of deferred maintenance have just caught up with the HOA, or there has been unusual damaged due to severe weather.
* Previous boards haven't wanted to be "the bad guys" and have kept the budgets artificially low, so homeowners have an unrealistic view of how much money is actually needed.
* The HOA finally did a reserve study, which showed them to be severely underfunded - and the governing docs and/or state law require HOAs to fund their reserves in accordance with the most recent study.
I agree with others that you should study your association's financials before you come to any conclusion about this increase. If the money is needed, the board will have only two options: raise the needed funds, or neglect something.