Homeowners Approval of Special Assessments

Could not find any information in Davis Stirling on what happens if a homeowners vote on a special assessment does not achieve quorum (51% of total members)on the first ballot. Does the special assessment simply die, or is subsequent balloting allowed with reduced votes required to pass the assessment (as in Board elections)? Would appreciate any dates, Board actions, other rules governing this.

It does not appear that our CC&R's address this, so unless Davis Stirling specifies, don't know how to proceed. Consult attorney?

BettyO1 Our CC&R's say we need to have a 2/3 vote for any special assessment. However the board is allowed to assess the membership 5% above the previous year without the membership's approval ever year if they wish to. So far we have been able to meet our expenses for the last three years without an increase in the budget even with sixteen homes in forclosure, ten liens filed and 16% behine in their dues. JerrellC

RobertR1 We currently do not have no amenities like a clubhouse etc. We only have two parks with children's playground equipment to maintain grass cutting, sprinklers, water use fees. Our other costs is maintaining the entrance to our subdivision and 14 retention ponds. We have a total of 473 lots with 4 lots left befor buildout two of which are under construction. Our budget is around $124k. We recently added a fountain at the entrance pond and partially fenced in the two parks. Other than that is the normal fees for management, insurance, attorney fees when needed, etc. does this answer your questions? JerrellC

RobertR1 Well robert as I said we haven't had to many expenses in the past few years. I also believe we are a little over budget at this time but our reserves have been enough to pay for the expenses we had last year. We did have damage to our wall from a vehicle accident but repair was paid by insurance. We probably will keep our budget the same for this year because we may have an expense coming up that is not known right now. It seems that our development design has created a problem with water flow. If you can visalize a large horseshoe in a part of our development where the top part having high land which closed off the flow of water out and away from the lots. Many pine trees are dying now in this area being contained and under water for long periods. It has created a danger for several homes in this area of these trees falling over into them. Some have already fell narrowly missing a home. The issue is under study now in determining who is responsible for the problem. The developer's surveyor,the management district, or the city for approving the development. The solution is simple to resolve. I suggested we need to cut a trench thru the high land which we own and let the water drain out. The trees in this area also needs to be cut down near the homes but the management district doesn't want them cut down unless we replace them with another tree perferably cypress trees. I don't know of any nurseries that sell cypress do you? Any time you have to deal with the invironmental agencies it means money and problems. If you have any ideas to our situation let me know. JerrellC