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DanielL7 (Louisiana)
Posts: 17
Posted:
Our HOA bylaws state;

ARTICLE XI

ASSESSMENTS

In addition to the monthly dues authorized above, the Board of Directors may levy a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement which the Association is required to maintain or for operating deficits which the Association may from time to time incur.

As more fully provided in the Restrictions, each member is obligated to pay to the Association monthly dues and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessment not paid when due shall be deemed delinquent. If the assessment is not paid within thirty (30) days after the due date, a late fee of twenty five (25) dollars per month will be charged. The Association may bring appropriate legal action as provided by law

All residents have received a notice of a meeting to discuss an assessment of $200.00 per household to complete the furnishing
of a Community Center, which the Developer has leased to the HOA. The developer could not convey the Community Center due to having
financial encumbrances on it. The HOA was to furnish the CC as finances permitted, but since acquiring the CC, spending was of no
concern. Now that money, from the previous year's budget expense for the CC has disappeared, the HOA wants to assess the members.

Personally, I am not sure an assessment can be made on such a venture. It does not fit into the bylaws definition of areas to justify assessment.

Anyone care to comment?

Thanks

MicheleD (Kentucky)
Posts: 4,491
Posted:
Please explain this sentence for me:

"The HOA was to furnish the CC as finances permitted, but since acquiring the CC, spending was of no concern. "

DanielL7 (Louisiana)
Posts: 17
Posted:
The HOA entered into a lease agreement with the Developer. The lease was for the Community Center which originally was to
be conveyed to the HOA. The Developer had taken loans and used the CC as collateral. The developer did not have any time
frame for conveyance of the property, hence the Board entered into a lease agreement.

The budget for 2009 allocated $25,000 for furnishing the CC with furniture, pictures, tables, etc. This money has been used
and there is still items to be purchased to complete the CC. Initially, the Board decided to furnish what it could and as money was available then acquire the necessary equipment. Once the spending started it became a frenzy. Now the assessment has been
raised.

I cannot comprehend an assessment to the residents for such furnishings as drapes, blinds, sprinkler system, etc. on a property
WE DO NOT OWN. It is not COMMON PROPERTY. Also, some residents have donated money or goods in excess of the proposed assessment
of $200.00 per household.

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