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Is Board Circumventing Special Assessment Vote?

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Pedas2

Junior Member
What is the name of your state (only U.S. law)? California

The Board of Directors in my HOA decided to sue another party and to assess each unit $500 to pay for this lawsuit. A few weeks later, the Board President sends an email out indicating that he (not the Board) erred and the assessment can't exceed 5% of the gross operating budgeted expenses for the year without approval of owners constituting a quorum. Hence, they lowered the assessment amount to exactly 5% of the gross operating budgeted expenses for the year, which is $198.81. However, one can reasonably assume that $198.81 will be insufficient to cover expenses relating to this lawsuit and there will in all likelihood need to be future $198.81 assessments to cover ongoing and future expenses. In my opinion, reducing the amount from $500 to $198.81 with the strong possibility of future special assessments for the same lawsuit violates the spirit of the 5% special assessment rule. No homeowner vote or even a survey was taken on the
reduced assessment amount. "Getting around" the 5% rule requiring a quorum of the owners by reducing the assessment amount into smaller parts seems a little unethical. Does this Board action violate any California statute?
 



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