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Old 11-01-2006, 09:49 AM
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Join Date: Nov 2006
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Special Assessment for only 2 owners


What is the name of your state? Florida

We belong to a HOA that has 16 units - 4 buildings of 4-units each. Last year an owner of multiple units (4) asked a resident to check around and see if everyone would agree to vinyl siding. No meeting, nothing official. We declined but did find a bid for them of less than 1/2 the one they were proposing. One other owner declined as well.

The rest of the owners agreed and proceeded. The two owners who didn't have siding put on, painted their units to match the new color.

Two months ago we got a letter from the associations lawyer placing a lien for us not paying the "special assessment" for the "voted on" installation of vinyl siding. We wrote back to the lawyer that there was no vote, meeting, or special assessment. Yesterday we received notice of the annual meeting in November that includes on the agenda: "There will be a vote concerning the special assessment that will apply to owners of units #5 and #8. All the other units have vinyl siding and there will be no assessment against those units."

I can't find anything in Florida Statute addressing this directly, but I can't believe it is legal to charge only two units a special assessment. What would prevent the HOA from voting that any one owner pay for ANY and ALL improvements? After all, wouldn't everyone except that person vote for the one owner to pay?

Any assistance will be greatly appreciated.

UPDATE:
We had the Nov. assoc. meeting. Apparently the officers spoke with the attorney. The assessment was clarified to be for everyone but the units with siding have already satisfied their assessment. Fortunatly, the assessment was voted down largely due to the fact that the directors owning multiple units were not present and didn't realize Florida Statute prohibits voting by proxy for directors. A good time was had by all - except their representatives.

Last edited by Geogal; 11-15-2006 at 11:59 AM. Reason: Update of information
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