Q. In our community’s declaration, the Board has the power to specifically assess as it deems appropriate, in its sole discretion under “Specific Assessment.” However, “Special Assessments” require the affirmative vote of two-thirds of HOA members.
Our Board has passed several large assessments to pay for a fence around the entire community. However, they deliberately refer to them as “Specific Assessments” to mean they are assessing everyone “specifically for the fence” and they did not need to get owners approval for it. I interpret “specific assessment” to mean the Board has the power to equitably assess expenses to certain or specific lot(s) in proportion to the benefits. It does not mean an assessment for specific expenses. I believe the fence project is a special assessment that required proper voting. Can the Board charge this expense to the homeowners as a “specific assessment” without homeowner approval?