IrmaW1 (Colorado)
Posts: 3
Posts: 3
Posted:
Our Declaration has 2 seemingly conflicting Articles; 1) The BOD has full authority, and to do special Assessments.... (for Complex-226 Units, Paving of a relatively small semi-circular road);
2) Another Article in the Declaration states that after owner-notification, a 50% of Vote of Approval of the Owners is needed for Action. PRIOR Assessment, 7 MOS ago, Another Assessment of $1000/Unit the next 2 years, and HOA Fee/per
ISSUE: THE DECLARATION STATES, A 50% AFFIRMATIVE VOTE FOR A CHOICE PRIOR TO ANY SPECIAL ASSESSMENT BUT HOA PRESIDENT CLAIMS THE ARTICLE GIVES BOARD FULL AUTHORITY, NOT CHANGED BY OTHER ARTICLE: "THIS ARTICLE SHALL CONTROL IN CASE OF ANY CONFLICT."
2) Another Article in the Declaration states that after owner-notification, a 50% of Vote of Approval of the Owners is needed for Action. PRIOR Assessment, 7 MOS ago, Another Assessment of $1000/Unit the next 2 years, and HOA Fee/per
ISSUE: THE DECLARATION STATES, A 50% AFFIRMATIVE VOTE FOR A CHOICE PRIOR TO ANY SPECIAL ASSESSMENT BUT HOA PRESIDENT CLAIMS THE ARTICLE GIVES BOARD FULL AUTHORITY, NOT CHANGED BY OTHER ARTICLE: "THIS ARTICLE SHALL CONTROL IN CASE OF ANY CONFLICT."