RogerJ1 (Texas)
Posts: 550
Posts: 550
Posted:
Previously, a POA’s board sent out annual assessment bills in late November or at the beginning of December for the next year’s assessments. None have been billed so far for 2023 assessments.
The POA’s CCR states two dates that might not be met if the assessments billing is delayed longer:
First, the Board must establish the assessment amount by December 1 or 2, depending on which is legally considered 30 days before January 1. "The Board of Directors shall fix the amount of the Annual Assessment against each Tract at least thirty (30) days in advance of the Annual Assessment period, which shall begin on the first day of January of each year."
Second, it appears the due date, of January 1, cannot be altered. "All maintenance assessments on all Tracts will be assessed and collected annually, in advance, and shall be due and payable on January 1 of the calendar year for which such maintenance charges are assessed."
If the Board sends out a bill that its minutes show was approved later than that “at least thirty (30) days in advance of the Annual Assessment period”, and/or the Board alters the due date to one later than January 1, would those actions be violations of those parts of the CCR quoted above?
Also, I doubt changing the due date would void the assessments if the first part were met, but if the first part, establishing the assessments within 30 days of January is violated, would that void assessments for 2023?
The POA’s CCR states two dates that might not be met if the assessments billing is delayed longer:
First, the Board must establish the assessment amount by December 1 or 2, depending on which is legally considered 30 days before January 1. "The Board of Directors shall fix the amount of the Annual Assessment against each Tract at least thirty (30) days in advance of the Annual Assessment period, which shall begin on the first day of January of each year."
Second, it appears the due date, of January 1, cannot be altered. "All maintenance assessments on all Tracts will be assessed and collected annually, in advance, and shall be due and payable on January 1 of the calendar year for which such maintenance charges are assessed."
If the Board sends out a bill that its minutes show was approved later than that “at least thirty (30) days in advance of the Annual Assessment period”, and/or the Board alters the due date to one later than January 1, would those actions be violations of those parts of the CCR quoted above?
Also, I doubt changing the due date would void the assessments if the first part were met, but if the first part, establishing the assessments within 30 days of January is violated, would that void assessments for 2023?