RuthL2 (California)
Posts: 2
Posts: 2
Posted:
Our CC&R's were revised in 2003 and the attachment that sets the allocation of assessments was left out. For 25 years the % of allocation per unit was not published until this year when a new management company took over.
The allocation in use now is a % contrived from the 1st year of operation,1982 budget which is based on some expenses divided equal and some based on % of interest(such as reserves-back then there was only 4 items in the reserve fund)In other words they forever changed the % of interest from that budget and used that % only for each year thereafter.While this blended method of allocation was in the original CC&R's, the revised do not mention it,only referring to an attachment which in the original documents listed the deeded percentages of interest.
We just tried to ammend the CC&R's and a minority vote blocked it.We had 62% but we needed 75%.The ammendment failed because owners were threatened by the homeowner who is underpaying $4K a year that if it passed she would sue the HOA and rake us over the coals.We want to petition the court to reform our CC&R's based on a majority, but less then a super majority.There's a good chance she wil try to stop this.Does anyone have any success stories or advice on this situation? Any help would be much appreciated as this Board is trying to right a wrong that has been going on for 25 years.Thanks.
The allocation in use now is a % contrived from the 1st year of operation,1982 budget which is based on some expenses divided equal and some based on % of interest(such as reserves-back then there was only 4 items in the reserve fund)In other words they forever changed the % of interest from that budget and used that % only for each year thereafter.While this blended method of allocation was in the original CC&R's, the revised do not mention it,only referring to an attachment which in the original documents listed the deeded percentages of interest.
We just tried to ammend the CC&R's and a minority vote blocked it.We had 62% but we needed 75%.The ammendment failed because owners were threatened by the homeowner who is underpaying $4K a year that if it passed she would sue the HOA and rake us over the coals.We want to petition the court to reform our CC&R's based on a majority, but less then a super majority.There's a good chance she wil try to stop this.Does anyone have any success stories or advice on this situation? Any help would be much appreciated as this Board is trying to right a wrong that has been going on for 25 years.Thanks.