Am I correct? Special Assessments should be used only for COMMON ELEMENTS. If bylaws said that the Association is responsible for Limited Common Elements and that the costs should be considered as Common Expenses, then the costs should be paid only by the regular or monthly condo fees and not with Special Assessments. Am I correct? Please clarify me. I also understand that only common elements should be considered in the Reserve Study and not Limited Common Elements. Something must be wrong in a Condominium that says that windows and sliding doors are limited common elements and then make these two elements covered as common expense. Common expense is when repairs of the windows and slding doors are repaired and paid by money of the association. The expenses of Windows and Sliding should be covered only with the monthly condo fees but not by both monthly condo fees and Special Assessments like this particular Association. An not because they do not have enough condo fees for the repairs and replacement of the windows and sliding doors now they want to impose also a very large amount as Special Assessment. Something is wrong with this Association. Please help me to understand it better.
if special assessment is necessary to replenish reserves and monies that were usd by by construction for roof and sidinggs, etc. and reserve was depleted we want to assess each unit owner Aproxitmatel 450.00 each month for 4 months. Can we do that equally or does a one bedroom pay less than a two bedroom regular condo a two bedroom pay less than a luxury two bedroom? everyone uses the walk and the roof on our building was replaced or do the smaller condos pay less. if an assessment than the bigger apartments?? I would think that evryone should pay the same assessment. we all use the walks and the roofs . thank you fore your answer
in special assessments to replenish reserves do one bedroom apartment condos pay less than a two bedrrom a 2 bedroom condo to replenish thes fees waht is the law on this type of assessment
The amount you pay should be proportionate to your percent ownership of the property. For example, if you own 1% of the property, you OWE 1% of the assessment to your corporation.
Logically, a 2 bedroom would occupy a greater percent of the total project than a 1 bedroom. Check the table of concordance in your property's declaration.
When we purchased our condos in 2008, there was a special roofing assessment, which was Paid off from the seller's proceeds so we would not be burdened with this additional monthly charge. This was shown in the HUS statement. The association is threatening/proposing to now impose a special roofing assessment on everyone, saying the loan expired and they have to extend the loan. Is it legal and Can they assess a roofing assessment on you if it was paid off at closing?
Can anyone tell me if special assessment fee will last definately or indefinately? Thanks
Can membership refuse to pay a Special Assessment that is not considered an emergency, that the Board refuses to use money from the reserve, and that the payments are divided (total $450,000.00)into 5 months at $1,500.00, which we consider very difficult in this economy ? I am also concerned about lack of transparency in the Board and Management actions.
Iam in the process of purchasing a condo in fla.. This is a forclosured govt property, closing on 4/1. This morning 3/22 I interviewed via phone from my home state with the condo assoc. I was advised by the association of a special assessment fee which would begin on May 1 for roofing, and continue for 16 months. This is the first I have heard of any new roofing. I was not presented this property with any assessed charges other than hoa fees when I agreed to purchase this property. What are my rights???
I enjoyed reading the comment about an association having a special assessment for roof and termites. It was quite thorough except for one thing. My understanding is that all special assessment requests to owners must be noticed in writing at least two weeks before the meeting is help to vote by owners for or against the assessment. Nothing was stated as to how the owners were notified about the upcoming meeting to vote on that special assessment - a VERY important fact to remember. If the notification is not done legally, the Board cannot legally call for a vote at all.
We tried to challenge our Association here in Florida and Attorney John Christensen from the Becker & Poliakof's firm said that the Board overrides the by-laws concerning Spec Assessment, so we had to abide by their decision.
I am single mom with 2 toddlers, recently laidoff from 15 yr job and trying to hold onto my home/condo of 15 years. I am faced with back to back special assessments exceeding $4000 for reroofing, etc. Do I have any rights or options to validate need, delay/ or? these costs?
After voting on three options to repair or replace balconies how long does it take for a assessment to become a certified assessement
condo 1998 presently approx assets of 92,500 our on associate has imposed 18% increase 0n our $225 per month. for projected 5-7years from 2012 for roof replacement and painting. on a 48 unit Ind owned.is this logical or a set up for fraudulent activity.
Is it legal or illegal for a HOA to impose interest on a special assessment if they don't get a loan? It makes no sense to charge interest if there is no loan in place.
I am having issues with the special assessments that the condo association keeps applying. One year they said we could pay over the course of the years, however, they keep applying the assessments of $3K almost every year so I do not see how that can done, with the payment plan they stated. I really do not think the way they are applying it is legal as we are not informed of it until after it takes place, meaning we do not get a chance to vote on it. I do remember one year where we did vote on it which was back when I first got here (different association) and we voted against it. Since then they got a two new management companies who just keep raising the fees and the maintenance and the owners do not get to vote. I do know that one of the investment companies that own condo's are suing them because trying to get these board members out of office bc of their practices. I have been trying for years to see if this was legal because they do not inform us until after the fact. One time they had a notice up but it was hidden between the mail box and I did not see it until after the meeting was over. We used to get hand delivered notices or at least there was a notice on our building about meetings,m however, that is no more. I have other issues with them and I just do not think what they are doing is legal and cannot afford to hire an attorney as recently I became unemployed. Is there any help or advice for the weary?
I have a question to clarify this: is Special Assessment and Assessment for Common Expenses for Assessments mean the same? Our Board President does not think so. I do.
We own a Condo in Tampa FL. as an investment property. We have owned this condo for over 7 years. Last year we were charged a special assessment of over $1800. There was no information of a special meeting or any meeting to discuss the meeting. The assessment was done and we had to pay immediately or you opt to pay over 6 mths. When they did finally have a meeting we attended to discuss the assessment. The reason given was because 50% of the Condos were behind on their payment so we were all charge to bring the operation budget back. I have refused to pay. Can they have a special assessment because they cannot collect from the other owners? Of course with the economy many of the units are to be foreclosed or similar. What are my rights. I pay my monthly regular COA on time every time. The board sent me a letter with an intent to file a lien. Can I take them to court for breach of contract since the assessment has nothing to do with the maintenance of the units? What are my options.
P.s. the condo is underwater and I have also been paying the mortgage. If I sell it will be at a loss. Can the association take it away from us? It is rented.
please email me only..I need to know this asap. My condo is requesting all the $$ upfront . Only started 1/4 of the project. Am I obligated to pay in full when the lanai is not yet complete or will be the last one to fix. this is take well into the following year...help for advise....they are charging me interest fees since I havent made the last installment
My condo association has more then enough funds to cover $3,500 to treat the building for termites. Yet they want a assessment. Whenasked why not use some of the money we have on reserve they stated that "by law they have cannot use the money from the reserve" which is BS, because when I first bought the place 8 years ago we had the same problem and NO assessment was needed..Can the unit owners vote to use the moner from the reserve????
I am President of our condo assoc. Owners who lease will not submit proper leases and other board members will not take any legal action to do so my question is can I be held responsible for any ilegal activities that might occur?
what is the ruling if a unit owner is selling their condo and knows there may be a possible future assessment on some of the common propery repairs? Do they need to
to expose this in the sale??
There is an existing special assessment on our condo when we purchased it last year. It is in the form of a loan to the association from a local bank. To find out where we now are with our balance we have to email the treasurer from our board and he replies via an email and in his own writing he tells you what the current balance is. He does not provide a ledger sheet or anything from an accountant that shows your loan assessment, nor do they make this infomation available to you on the property managers website so you can trck your individual account. QUESTION: Is the board required to provide a ledger sheet, or a legal loan document that provides to you the current status of your assessment? If someone with bad motives were in charge of these loan payments made by all the owners with no accountability on a monthly spreadsheet or official loan document, this is a perfect receipe for financial disaster. They could embezzle these funds and the owners would never know.
Can special assessments be divided equally among owners if owners vote to do so?
Can a condo Board pass a special assessment the same night they present the information in an open attendance Board meeting when the owners have not been provided in advance specifics of the nature and reasons for the special assessment? The owners are not allowed to speak at this meeting unless they have requested prior right to speak for 3 minutes.
Our yearly board meet was March 14 a new owner and partner offered to work free as mgr. and treasurer and convinced owners real sales pitch to let me the mgr. For 10yrs. Go (I am owner also) convinced some owners on speaker
Out of country to pay big assessment they save
My money also now got email that assessment is 3months late for everyone (retroactive)? Is this legal?
I am always amazed at these conversations. Does anyone realize that the Association is just other owners just like YOU? All the bad mouthing of Associations for special assessments etc to pay for roofs etc.......well YOU bought the unit, YOU should read the declarations and bylaws, YOU should know what you bought into. If you owned a single home, would you NOT save money in the event you had to pay for home repairs? Yet over and over membership complains about fees and reserve funds. As far as I am concerned, if the Association discloses the operating and reserve budgets to the membership and is reserving funds for large items like roofs, asphalt, painting, etc, then they are DOING THEIR JOB! Everyone wants to push off the cost and complain. Well at SOME point the roof WILL need to be replaced and when you bought a condo you bought into THAT concept! The Boards of these Associations are OWNERS LIKE EVERY ONE OF YOU! Wake up folks! If you aren't willing to volunteer your time and serve the community, why do you jump to bash those who volunteer to do so, when most times they are doing so in good faith. No wonder no one wants to volunteer for these roles! As an owner I VALUE the service of the people who sit on the Board. As long as they are disclosing where my dollars go and the expenditures are appropriate, then I am happy and appreciate their service. Problem is, so many people buy condos with NO understanding of the concept of the fees and how the money is spent. Then they sit back and complain about the fees but the second something breaks, is damaged, is a problem they have their hands out to the Association. Well folks, YOU ARE THE ASSOCIATION......so remember that every insurance claim you file, every expense you demand, every item you want done, repaired, improvement etc....YOU are paying for it and it raises YOUR fees.
I'm an owner in an association of 20 units, in NY. The aging infrastructure has been expensive. The relatively high fees plus a current special assessment has me and some other owners stretched to our financial limits. Is it legal for the
board to impose an additional SA for more maintenance, unavoidable, but I can't pay more. More fees will create a financially untenable situation, and the current fees make the units unattractive to buyers. Help!
Thanks for your informed assistance! --Jerry
I live in south FL, where the rains are heavy in the summer. This summer they have been heavier than usual. The owner below me had water damage. Her homeowners insurance viewed her apt and gave her a claim of $3500. She has since decided all of her drywall mold and mildew problems were caused by my wall a/c unit, which she said was leaking. Her insurance agent never came to my apt to check out the situation. My a/c was not leaking, however she found someone to say it was. Our bldg. was built in 1966 and all units have wall units. My unit is not the original. I replaced it with a new one 10 years ago and have never had any trouble with it. My walls under the unit are not wet. The intact linoleum floor under the carpet is dry also. No waffling.
My brother is my tenant. He has a journeyman's license in A/C, Refrigeration repair. I have other witnesses who have seen my floors and walls are dry. No one on our condo board, of which I am also a director will listen to me. Perhaps it is because the Condo Board president is the owner of the unit below me and her ex-husband, who is also on the board as secretary and treasurer owns a construction company, so they have quite a few contacts. Neither wants to communicate civilly with me. Neither will talk to me about their broken pipe and leaking toilet (far from where the a/c's are located). In fact, the only reason I know about that is because their plumber came up to my unit looking at my toilet and all my plumbing to see if that could be blamed on me. So the property manager, who is this couples secretary at their businesses, has decided to charge me $747 for all their drywall work and put it on the monthly budget for all to see. I need to know how to get it removed. When I tried to make sense to them at the last meeting, the unit owner just screamed and yelled insults at me (bullying, I call it) and her ex-husband wouldn't even look at my papers, he just threw them back at me.
I have am familiar with the Florida Statutes and section718, condo laws and it says if there is inside damage to a unit, that unit owner is responsible and should contact their homeowners insurance, but if the damage is between the walls or from the outside of the unit, the condo's bldg insurance should pay the claim. I feel the condo budget should not have paid here and them come looking to me for reimbursement, especially when my unit is dry.
They are basing their whole premise on saying my a/c was leaking because it dripped outside on the awnings below. I was told by a/c contractors that is what it is supposed to do. Only when my brother pulled the unit in to look at it, making sure nothing was wrong, did he spill the drip pan on a 3' x 2' section of carpet, which we dried immediately. However, that is what the person whom she hired to "find the leak" based his whole premise on. He told a different story to us in my apt, yet wrote up a report stating that "many quarts of water had been spilling for sometime." My homeowners insurance did not go into effect until after this incident. Her homeowners did not go into effect until July 2, 2013. She reported the claim on July 3, 2013. Coincidental? I think not. My main question is how do I get this charge taken off. Do I get a lawyer? Go to small claims court? I don't want it to cost more that they are charging. On the other hand, I don't want to admin fault when my a/c was not faulty. Plus it sets a precedent; every time she has a dry wall or leak issue she will look to blame it on me. Any ideas out there would be greatly appreciated. Thank you, MM
When a special assessment is imposed for specific purpose, can any excess funds from the assessment over and above the project be used for unrelated expenses