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How to oppose a condo association special assessment?

  
  
  
  
  
  

special assessementIs it proper to change useful lifes of capital assets on the reserves? (1) Condo board impossed a $2M special assessment to "fund" the reserves. (2) Item that needs "funding" now-per reserves study- is windows and doors but original life to replace was 30 years. "Study" changed life to 20 years, thus, they need to be replaced now. (3) Condo board commissioned an  engineering firm to inspect the windows and doors in the building. Its report was that they are an bad shape and need to be replaced now. Many owners say they windows and doors are OK, that this is not an structural problem, and that is not a priority asking that they will be replaced in 2020 instead of 2010. How to oppose this special assessment?

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Comments

Great question. Looking forward to answers.
Posted @ Monday, July 26, 2010 7:40 AM by Maryann
I am not agreeing with the board but I will say that 30 years on windows and doors is a long time. I would think 20 years should have been on the original estimate but if the windows and doors work as they were supposed to then why replace them. In my community the owners are in charge of replacing the windows and doors. I'm from NJ. 
 
What state are you in? 
 
How many homes are in your Association? 
 
 
 
Victor
Posted @ Monday, July 26, 2010 8:07 AM by Victor
Check your association docs (Declaration and By Laws) the answer most be there on how to proceed, usually you will need to get majority of the owners vote to oppose to that
Posted @ Monday, July 26, 2010 9:49 AM by Jose E. Humaran
We have small building, but windows and patio doors are the owners' responsibility. They must, however, comply for aesthetics - all white on the outside, same style, etc. The entrance doors to each condo is an association/building responsibility. You need to find out what your particular by laws state regarding responsibility for these items. Remember that if a window leaks and causes damage, whatever entity is responsible for those windows will be responsible for any damage to other units as a result.
Posted @ Monday, July 26, 2010 11:20 AM by csl
One of the primary reasons for the study is to determine the remaining useful life of each component. You presumably had a licensed engineer render a professional opinion regarding the status of the doors and windows,replacement costs, as well as their remaining useful lives. Simply because you have a group of residents giving their non-professional opinions, does not negate the fact that the professional has put his/her license on the line and gave a sound recommendation to the board. 
 
 
 
It appears to me as a CPA/auditor of condos and HOAs, that the board has fulfilled its fiduciary responsibility based upon the professional advice that it has received and has taken the necessary steps to bring the funding into alignment based upon the remaining useful lives. 
 
 
 
I practice in Florida and I cannot speak for other jurisdictions. In Florida, the Board is responsible for passing the special assessment, not the membership. Here, if you are unhappy with a board's decision, why not simply run for a board seat during the next election cycle? 
 
 
 
It sounds as if the only objection is to having to pay a special assessment. Perhaps the payments can be stretched out over a longer period of time. 
 
 
 
Posted @ Thursday, July 29, 2010 9:36 AM by Stephen Needleman
If ny ocndo association takes out a loan to finance a capital expenditure, are the unit owners entitled to a statement detailing the interest paid so they may take a tax deduction?
Posted @ Friday, July 30, 2010 3:27 PM by Bruce
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