Can an HOA force owners to pay for an assessment?

Bankruptcy and Debt 2 views 5 answers
My HOA recently applied a $58 increase assessment to repave the parking lot. They had a couple meetings regarding the assessment and also sent letters in the mail to all residents however, the majority of the residents decided not to attend the meeting because they were against the assessment. Can the HOA approve such assessment without a majority vote from the owners? Thank you

Attorney Answers

5
Oladeji Bolaji ·
What does the rules of HOA say about voting etc if it allows the executive of the HOA to make decisions on assements
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teven Nathan AinbinderInsurance Law LawyerBoca Raton, FL ·
You need to read the rules of the HOA which discusses assessments and the ability for the board to increase them. However, if the board followed the rules and no one showed, then they probably could assess the $58.00 assessment. Good luck.
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Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed ·
About 90% of the time, yes. There are few association which require the membership to approve an assessment. There could be a cap on increases, which would require a membership vote to exceed the cap, but most of the time the board has discretion to increase assessments. The notices were sent out because state law requires them to be mailed to individual homeowners. This has nothing to do with who gets to approve the assessments. For a more definite answer you would need to read your declarations, or, if you are not sure of the language, hire a condo/HOA lawyer to read them for you.
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Jacqueline Salcines ·
Yes as long as they follow propert procedure they can pass any assessment wherein the homeowners would be responsible for their percentage ownership
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Katherine DowningLitigation LawyerMiami, FL ·
You must look at the governing docs, but so long as the proper procedure was followed then- yes, they can. For future reference, boycotting a meeting because you don't agree with what is on the agenda is NOT a valid way to object to the topic at issue. In other words, next time you get notice of a meeting and there is something disagree with, you should attend the meeting and voice your objections there.
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