<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Nancy Carney:
Can the board of a home owner association vote to levy a special assessment without bringing it to a vote to the homeowners? Can you dispute a special assessment? My HOA is considering a large assessment for work that for the past 16 years has been more than adequately covered in the monthly HOA fee. They have cancelled the July board meeting and seem to be upset that we, the homeowners, have found out about this assessemnt. I live in Florida. Thank you. <HR></BLOCKQUOTE>
You have asked a specific question that can only be answered after review of the Association's legal documents. In some cases the Board has the power to act, this power given to them by the Association. In some cases the Board trys illegal Gestapo techniques. No Board should be upset due to information gathering, updates and any valid questioning by any homeowner. You have a right to request and be given in writing: why the July meeting was cancelled, the reason for the special assessment, the reserve study, proof that the assessment is legal and how it was derived etc. You can dispute a SA and win, if the SA was illegally assessed, was based on overestimated figures and/or was due to fraud or conflict of interest. Keep in mind that your normal HOA fee includes a portion for regular maintenance fee and a portion for a reserve account. If the reserve account is small and various common areas of the project are in need of repair, that is where the SA money goes. Large replacement/repair cost line items include parking areas, building painting and roof repair. If the project is an older building, there could be other components taken for granted, that require attention such as elevators, cooling towers, water heaters, plumbing and electrical systems, fire alarm systems, fire extinguisher systems, lighting, stairway railings, decking, landscaping, water feature pumps/filters, pool/spa plaster/decking, pumps/filters, water treatment facilities, tennis courts, fencing, gates, etc. ............
