Increase in Assessment Fees

How much notice we must give Homeowners before we increase assessment fees. In reading FL 720 its unclear. Some board members say 48 hours. I said 14 days but they said NO. 14 days for a special assessment.

-- Are HOA members billed for the year, by the month, by the quarter, or something else? See your governing documents.

-- How the HOA manager handles billing should also determine the date the increase actually goes into effect. Your board should be discussing this date thoroughly. Then the notice is likely to be pretty substantial, as a practical matter.

-- I wonder if you mean how much notice must be given for a board meeting where an increase in the regular assessment will be discussed and voted on. Technically, I think the Board might be able to raise the regular assessment in an action without a meeting.

-- Pursuant to FS 720.303 (2) (c) (2), I agree 14 days is for a special assessment.

-- Pursuant to FS 720.303 (2) (c) (1), 48 hours is the notice required for a board meeting when the announcement is posted in a conspicuous place and the meeting is not an emergency.

-- However, if I were a member and the board raised the regular assessment in an action without a meeting, to go into effect immediately (somehow) I would be pretty miffed if all I had was 48 hours notice. The current board majority might get themselves voted out of office for pulling something like this.

-- Best practices in my opinion is to raise the assessment pursuant to the release of the annual budget. This gives members a lot of notice.

-- FS 720 appears at http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

Pretty sure in a FS 720 HOA in Florida it's up to whatever your governing documents say (usually the Bylaws).

For special assessments, FS 720.303(2)(c)2 says, "Written notice of any meeting at which special assessments will be considered or at which amendments to rules regarding parcel use will be considered must be mailed, delivered, or electronically transmitted to the members and parcel owners and posted conspicuously on the property or broadcast on closed-circuit cable television not less than 14 days before the meeting."

That same section says, "An assessment may not be levied at a board meeting unless the notice of the meeting includes a statement that assessments will be considered and the nature of the assessments."

If you Bylaws (or perhaps CC&Rs) don't contain any other restrictions, then tht's the only restriction recognized by the Florida statutes.

Our process is straightforward - 48 hour notice for Board meeting with annual budget and assessment as part of the agenda, then the Board votes on the assessment. Supposed to be easy, normal thing to reasonable increase annual assessments

Special Assessments a different creature, entirely - 14 days and usually a super majority of membership. Supposed to be more difficult to pass special assessments.