Assessments & Payment Time Frames

Started by DarleneL1 • 1 replies • 1281 views

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DarleneL1 (Florida)
Posts: 97

Posted:

Our BOD, in a Florida HOA, held a meeting in November regarding an assessment for road paving. The BOD has not informed the community of the result of the vote and has not mentioned (other than through rumor) the outcome of the vote to the community members. My question is: Is there a time frame homeowners must be given to pay the assessment for approximately $2,000 per homeowner? Our CC&Rs expired two years ago and no attempt has been made to revitalize them. Most homeowners just want to ignore the BOD and pay the dues due to maintain the common areas. The dues are paid in February and I believe the BOD will require all of the money paid by February 28th or you must take out a load including interest. Is this legal?

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Darlene,
You sure present a confusing picture. How and why would the owners want to ignore the board and send money somewhere else. I assume you mean a management company. Keep in mind the management Co is hired by the Board and the Board is their boss, all things being on track.
I am not surprised no one will post on your remarks, we need more info than that. It is also clear that you have other problems. Yes, anytime the Board collects any fees for any purpose there has to be a schedule for payment set out. I would suspect it is an oversight by the Board and they need to be reminded a schedule is required.

If your CC&R's expired two years ago, the question becomes why did the members allow this to happen.

Here is how it works. The Board is elected by the members, therefore serve at the pleasure of the members. The President, etc, are elected by the Board, therefore the President, etc, serve at the pleasure of the Board. Now you can see that this structure untimately makes the owners responsibile for every thing that goes on. The Management Company or Manager or whatever is a employee of the Board, therefore has to answer to the Board, not to the owners.

See if this helps, looks like the owners have some obligations to uphold.

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