Tag Archives: usually

Trying to figure out assessment charges

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?

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Bylaws usually not recorded

Q. I just moved into a Union County community that had its homeowners’ association (HOA) formed in 1988. It was recently discovered that while the Articles of Incorporation and all the required updates of the covenants and restrictions are in order, apparently the bylaws of the HOA are not recorded in the county records.

Does this omission limit what the HOA can do in enforcement of the covenants and restrictions or dealing with any of the normal HOA management tasks? If so, what recourse is there for the HOA?First, let’s distinguish between the various governing documents for an HOA.

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