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RichardD (North Carolina)
Posts: 66
Posted:
Do owners in a condo association vote on assessment like for roofs? Our documents say they d not vote they reatify by saying no and if half the owners say no then there is no assessment
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By RichardD on 07/06/2025 12:59 PM
Do owners in a condo association vote on assessment like for roofs? Our documents say they d not vote they reatify by saying no and if half the owners say no then there is no assessment
This is a condo association created after Oct 1, 1986, correct? If so, then the NC Condo Act applies, and I think section 47C-3-107 overrides what you say the bylaws or declaration says. Relevant excerpt:

... the association is responsible for causing the common elements to be maintained, repaired, and replaced when necessary and to assess
the unit owners as necessary to recover the costs of such maintenance, repair, or replacement... "


Because of this, I think no vote is required for the HOA, via the Board, to assess owners to pay for needed maintenance, repairs or replacement to something like roofs.
MichaelS56 (Minnesota)
Posts: 858
Posted:
What would be nice is if the Board explained in detail why the roofs need to be replaced. Then after that, the board explains the specs to the interested parties and then goes for bids to certified roofing companies. This would include how the owners would be paying for the roof replacement and how much when.
SheliaH (Indiana)
Posts: 6,964
Posted:
Are you talking about the budget, regular assessments or a special assessment? What you quote seems very simplistic - what exactly does that section say?

For example, if we're talking about the budget, do your documents say the board prepares and votes to approve the budget? If the proposed assessment exceeds the currrnt year's assessment by a certain amount or percentage, do the homeowners have to ratify this by 50% or more? If the board wants to levy a special assessment (something you'd pay in addition to regular assessments for a specific reason like roof replacement), homeowners usually have to approve that by a certain percentage, say, 51% or more.

Read the entire section - in fact, you may need to keep reading to see what the documents say about setting the budget, ratifying the annual budget, setting regular assessments vs. special assessments.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By RichardD on 07/06/2025 12:59 PM
Do owners in a condo association vote on assessment like for roofs? Our documents say they d not vote they reatify by saying no and if half the owners say no then there is no assessment

Given your situation I would pay the assessment vs water dripping out of the ceiling.

I believe the board should have 100% control of regular and special assessments and would never live in an HOA again where they didn’t. The issue is what needs to be done, not what you want to pay or can afford. If you think a board is wasting your money, that is what elections are for. When it gets to the point an HOA has to levy a special assessment for roof replacement, the evidence is usually compelling the regular assessments have been insufficient to fund adequate reserves and prior boards were too fugal.

In the end, your HOA does not owe you a cheap place to live.

DeanJ
Posts: 1,786
Posted:
Quote:
Posted By MichaelS56 on 07/06/2025 3:59 PM
What would be nice is if the Board explained in detail why the roofs need to be replaced. Then after that, the board explains the specs to the interested parties and then goes for bids to certified roofing companies. This would include how the owners would be paying for the roof replacement and how much when.

I agree with everything you posted except how. You are always going to have owners who claim they can’t and that’s n9t the HOA’s issue.

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