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NattyM (Florida)
Posts: 21
Posted:
Can some please give me an example of writing a petition to change the maintenance from quartely to monthly.
I would like to have all the residents sign the petition but I would like to word it legally.
I am in Florida. Thank you
TimB4 (Tennessee)
Posts: 21,062
Posted:
Can you provide a little more detail?

Is the Maintenance a fee (maintenance fee)?
Is the Maintenance a physical task (maintenance of dryer vents)?
Is the requirement of "monthly" in a document? If yes, which one?

Do you want the change to be a request to the board OR something the board has to do?
NattyM (Florida)
Posts: 21
Posted:
The building residents pay the required quarterly maintenance fees to maintain the building. What verbiage can I put to request changing the quarterly maintenance fee to monthly maintenance fee. The reason being a lot of people cannot afford the increase and paying it monthly would be a great help to everyone. I’m trying to request the board to make the changes.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By NattyM on 01/15/2024 8:15 AM
The reason being a lot of people cannot afford the increase and paying it monthly [rather than quarterly] would be a great help to everyone.
This is not a reasonable request AFAIC.

You can certainly throw together a petition and present it during the open forum session of a board meeting, or mail it to the management with a request for the board to consider it. But this petition will have no legal force.

A lot of owners might argue that only quarterly works better for them.

You do understand that one of the reasons for collecting quarterly is to save administrative fees, right? You claim these owners are better off financially when they pay monthly. But the HOA is better off collecting only quarterly, meaning owners' assessments will be a bit lower because of collecting quarterly. Undertand?

If owners cannot set aside a little money each month in anticipation of the coming quarterly payment, then they need to listen to Dave Ramsey, Suze Orman, Ben Stein and the like.
CathyA3 (Ohio)
Posts: 6,299
Posted:
If the HOA is charged more for monthly payments, that charge will be reflected in the annual budget and will be passed on to the owners. The "HOA" doesn't eat the extra charge.

The OP should also check the CC&Rs to see what they say about assessments. My community's declaration refers to monthly assessments, so that's what we do. I think we'd have to amend the declaration to do it differently - in which case, $$$$$ ...
WendyM5 (North Carolina)
Posts: 1,522
Posted:
why can't you just log into your bank and send out 1/3 of your quarterly bill every month so after 3 months/a quarter you have paid it all off when it is due.

you want the HOA to spend more money collecting monthly because you can't plan your finances appropriately? lame.

vis ta vie
NattyM (Florida)
Posts: 21
Posted:
Understand Wendy nothing is transparent with this building we do not even have a website to login to see the financial statement, nor do they provide us with a financial statement. it is so old-fashioned over here where we literally have to write a check every quarter for the maintenance. In this building majority of the residence are elderly and rely solely on their Social Security, and most of them would like to pay it monthly instead of quarterly I can afford to pay it quarterly, but I am trying to help my neighbors and the fact that you sit here and call me lame is completely unnecessary. If you have nothing nice to say or a valid input, no need for your opinion just keep on strolling if you’re going to insult me.
KerryL1 (California)
Posts: 14,550
Posted:
Say, Natty, did the HOA increase the maintenance fees a lot for 2024? (Maybe big insurance premium increase?) So, though, quarterly was OK for most folks last year, it's a pretty large chunk to come up with 4x a year for some?

What size is your HOA?

To Cathy's point about your CC&Rs possibly stating when the maintenance fees are due. Here's what our declaration (also known as CC&Rs, covenants) says: "Regular Assessments shall be due and payable in monthly installments on the first day of each month during the term of this Declaration."

If yours say something like this, i.e., that assessments are due quarterly, the CC&Rs would have to be amended (changed), which is very expensive and usually requires approval of a super majority of owners (67%; 75%).
NattyM (Florida)
Posts: 21
Posted:
Hi Kerry, yes due to the insurance increase the quarterly maintenance was increased by $500.00. Most of the elderly resident preferred to pay monthly. My building has 130 units.
LoriM15 (Florida)
Posts: 1,009
Posted:
One downside to paying monthly is that if you are late in paying, you most likely will have to pay a late fee and interest. If you pay quarterly, that's a max of 4 late fees per year. If you pay monthly, that's potentially 12 late fees. At $25 or $30 each plus 18% interest (max allowed in Florida) that can be a lot of money.

It's cheaper in the long run for everyone to pay quarterly instead of monthly. However, if you are sending in physical checks, no one can say that an owner can't send a check for 1/3 of the quarterly fee every month if that's what they want to do. By the third check, you will have paid the full amount.

WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By LoriM15 on 01/15/2024 12:05 PM
if you are sending in physical checks, no one can say that an owner can't send a check for 1/3 of the quarterly fee every month if that's what they want to do. By the third check, you will have paid the full amount.

exactly. problem solved.
If you want to see the amount you owe simply follow florida law and send a certified records request.
you can also run for the board and hire a management company that has a modern website people can log into, but many elderly people are not tech savy so not sure if that would help. you can create a print and mail lettersteam account and send out postcards to everyone with what they owe costs about $1/owner.

vis ta vie
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By NattyM on 01/15/2024 11:07 AM
Hi Kerry, yes due to the insurance increase the quarterly maintenance was increased by $500.00. Most of the elderly resident preferred to pay monthly. My building has 130 units.

then they can mail in a check every month. no one is forcing them to wait 3 months and make one quarterly payment instead of 3 smaller payments.

vis ta vie
TimB4 (Tennessee)
Posts: 21,062
Posted:
If the requirement is in the CC&Rs or the Bylaws, you would petition the board for a general membership meeting for the purpose of amending the [name document].

For the wording of the proposed amendment, you should consult an attorney (so it has the proper legalize).

To see how to petition for a special meeting of the membership, see sample petition from Davis Stirling site (based on CA laws, but simply change the verbiage to reference your governing docs and applicable statutes).

The documents I have seen would only mention an annual assessment with any option on payments being set by the board. If this is the case for your Association, the petition would only be a request.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Natty

A petition is a "suggestion". The BOD makes decisions, not owners via a petition.
KerryL1 (California)
Posts: 14,550
Posted:
Thanks, Natty. So the increase is $2,000/ann? That is a whole lot for some folks on fixed incomes.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By JohnC46 on 01/15/2024 1:23 PM
Natty

A petition is a "suggestion". The BOD makes decisions, not owners via a petition.

Unless the petition is to call a special meeting of the membership for the purpose of xyz.

Natty simply didn't share enough info to assist beyond generalities.
LoriM15 (Florida)
Posts: 1,009
Posted:
Quote:
Posted By KerryL1 on 01/15/2024 1:28 PM
Thanks, Natty. So the increase is $2,000/ann? That is a whole lot for some folks on fixed incomes.

Probably due to insurance increases. Florida has become unaffordable for many lower income seniors. It used to be you could retire here cheap. But nobody thought about 20 years down the road with huge increases in condo fees due to aging buildings and the insurance crisis. Our condo reserves were underfunded for many years to make the fees "more attractive" to owners and buyers, and now they have had a huge increase causing people to be forced to sell. Our "villas" (duplexes) seemed like carefree retirement homes to so many because they were new and all the landscaping was taken care of. Twenty years later, they need new roofs and new windows and many of the owners are just don't have the money for the increased property taxes and increased insurance.
KerryL1 (California)
Posts: 14,550
Posted:
I appreciate Lori's detail about real life in FL today for seniors on fixed incomes.

Having lived a few times "paycheck to paycheck" including a LOT of my childhood, it's easy to see that "saving up" for the quarterly fee can be very difficult. Something always unexpectedly "comes up"-- even a flat tire; a broken tooth, an appliance needs service, the toilet clogs, where that money must be used for a different necessity.

I wonder if those who pay quarterly could pay less, while those who can pay monthly are changed extra for the extra cost to the HOA for monthly service. I do see it being pretty messy, though.
JeffT2 (Iowa)
Posts: 880
Posted:
Quote:
Posted By WendyM5 on 01/15/2024 12:35 PM
Posted By LoriM15 on 01/15/2024 12:05 PM
if you are sending in physical checks, no one can say that an owner can't send a check for 1/3 of the quarterly fee every month if that's what they want to do. By the third check, you will have paid the full amount.


exactly. problem solved.

Are you saying the owners should make two early payments?
LetA (Nevada)
Posts: 2,679
Posted:
Why would you need a petition to do this? Just pay your assessments monthly like any bill.
Don't be late because you will be charged a late fee.

My HOA billing runs quarterly like everyone else. The billing system sees your account once per quarter. You could almost pay weekly
and the HOA won't know you're paying daily, weekly, monthly, or quarterly, unless you are late. I hope your board or PMC doesn't make a fuss about this, it
is that simple.

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