Special Assessment

g9940 · Aug 18, 2005

What is the name of your state?What is the name of your state?Indiana My HOA levied a "special assessment" that was roughly 50 percent of the yearly. The reason was delinquent homeowners, however in the covenants it states the HOA will set a budget that allows for both emergencies and contingencies. It also states they will they will go after delinquent homeowners legally. My arguement is that they did neither of those things and then levied a special assessment so those of us that did pay the yearly would make up for the deficit. By agreeing to the covenant I am bound to the special assessment, but didn't the HOA violate the covenant by failing to do the above? It's the "but-for" idea that there would have been no reason for the special assessment.

HomeGuru · Aug 18, 2005

g9940 said:
What is the name of your state?What is the name of your state?Indiana My HOA levied a "special assessment" that was roughly 50 percent of the yearly. The reason was delinquent homeowners, however in the covenants it states the HOA will set a budget that allows for both emergencies and contingencies. It also states they will they will go after delinquent homeowners legally. My arguement is that they did neither of those things and then levied a special assessment so those of us that did pay the yearly would make up for the deficit. By agreeing to the covenant I am bound to the special assessment, but didn't the HOA violate the covenant by failing to do the above? It's the "but-for" idea that there would have been no reason for the special assessment.

**A: then get off your butt and sue theirs.

Special Assessment

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g9940

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