Special assessment

Is this hypothetical? What document "obligates" the board to hold a meeting on this? It already would have been diecided via a board vote at an open board meeting, right?

What "community meeting"?

The statute section to which you are referring is about board meetings.

Your questions in your posts in this thread do not make sense to me.

If the next board meeting is in July, then the board can send out notice of this board meeting on Monday, January 8 and meet the statute requirements.

VC

Are you saying the BOD passed a Special Assessment without owners voting on it? It would be rare the BOD alone can do such.

John, unfortunately (or fortunately, depending on your viewpoint) in Florida most associations do not need a vote of the membership to levy a special assessment. There are specific notice requirements, but the board can just vote it in.

Florida gives a lot of power to HOAs and COAs in the statutes in regards to budgeting and assessments. In my experience, the only things that usually require a vote of the membership are changes to the governing documents. For example, our governing documents are in compliance with FS 720 and we can borrow money, vote in a special assessment, change the bylaws and rules and regulations, spend up to $100k on a project, and change the amount of capital contributions charged to new owners without any vote of the membership.

I'm lucky that my fellow board members are all reasonable people. Many associations are not that lucky and you can see that someone who wants to take advantage of an HOA or COA can do it pretty easily.

That's correct. I am on the board and want this matter to be done with, but the rest of the board members are dragging their feet with the meeting since Nov.

Lori

You say the BOD does not need approval to levy a Special Assessment. Is this regardless of what it would be used for such as we need a new roof now or let us do an addition to the clubhouse?

Our declaration caps the amount we can spend on anything without member approval at $100k. But yes, we could spend it on anything. The FL statute for both HOAs and COAs has the same procedures. As long as you post and send out a 14 day notice with the amount of the special assessment, the cost of the item or items you are spending it on, and a description of the items, you can pass it at a board meeting after the 14 day notice.

I'm sure many HOAs have tighter rules in their declarations. But those rules are not required by Florida statute. As I said before, our HOA statutes here lean heavily toward the HOA and not the homeowner. The condo statutes are a little tougher, but could still easily be abused. As another example, we don't need to even send out our proposed budget before we approve it at a board meeting. We have to send the approved budget out withing 14 days after we adopt it, but not before. We do send it out because we try to be transparent. Condo associations are required to send out the proposed budget 14 days before the meeting, so they have a little greater protection for the residents.

Depends on how much you need. I have floated two ideas in order to raise the onhand capital to install surveillance cameras.
One is to temporarily raise assessments by 15% the state maximum we are allowed to raise assessments per NRS 116
or to have a special assessment of one quarter's amount of assessments which would cover the amount needed for this special project.