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Steve Cerruti wrote:
> Suing for return of the increase in the assessment since the board had
> no authority to increase the assessment at this time without member
> approval.
>
> The law was passed to force association boards to do business
> correctly. That is to create budgets that accurately reflect the costs
> of the association and to compute assessments accordingly. If the
> association needs a mid-term assessment increase to cover an unexpected
> increase in operating costs there is a process by which it can be
> accomplished but it has to be transparent and approved by the
> membership.
>
> Operating outside of those terms says that the association is being
> managed poorly and the need for the assessment is suspect. It should
> immediately trigger a full audit of the association books to determine
> why the board has failed to create a budget that works, to determine if
> the assessment is necessary and to ensure that no hanky-panky is going
> on.
>
> The size of the increase is irrelevant, the point is that the member
> has a right to know how their money is being spent. That is
> accomplished by distributing the budget. How can a homeowner know where
> the money goes for an assessment increase that isn't covered in the
> budget? It isn't too much to ask to have the board get member approval.
>
Well done!
-Sub
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