Reversal of Assessment

Started by JeanS1 • 2 replies • 917 views

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JeanS1 (California)
Posts: 23

Posted:

We are a 36 unit building. We have had a problem with leaking and bursting pipes. The board presented a proposal for a special assessment to do this work and also paint and recarpet the floors in our 3-story building. (Yes, we had the customary 3 bids.

A couple of months ago the association members were asked to approve an assessment for re-piping our building, painting, and re-carpeting. The board held two meetings which were very poorly attended.

The secret ballot vote was 15 to 6 for approval However, ballots were not receive from 15 units.

Now a group of 12 have signed a letter stating they want a special meeting and re-vote on the assessment.

Can this be done? Must we have as re-vote? Has this happened to any of you?

Jean Strauber
Encino CA

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Jean,
Your group of 12 did the right thing. Follow your docs on special meeting requirements. Ask your 12 to chip in and get a Good lawyer to write the Board and object to the election as held. State that until your group is allowed to attend a Special Meeting called for the purpose of questioning the legality of the election and proper voting procedures are allowed, monitored, and verified, your group has no choice but to start legal proceeding against the Board. Then in that letter open the door for BOD and a few of your people to neet and discuss further the situation. Make that a formal request and ask for a reply to your proposal to negoiate. Keep good records, pay attorney by the work needed and don't commit to anything.

Get your group together, inform them how you are going to proceed and ask them to individually get more owners into you group.

Yes it can be done. Just be a little careful when you specifiy the reason for the special meeting you don't leave anything out you want brought to light. Always let the sunshine in when your group takes measures...........nothing hidden and no cute games.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

I take it you are condos/ Besure to comply with state statutes, but I see no problem it my proposal, it should get attention and it should get you to the next step. Right now unknow but it will be evident soon.

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