Live in a home governed by a condominium, co-op or homeowner’s association? Have questions about what they can and cannot do? Ryan Poliakoff , an attorney and author based in Boca Raton, has answers.
Question: Our HOA sent out a letter on July 1 asking for payment on an assessment for more than $12,000, to be paid in full within 30 days.
Forget for the moment that it is an assessment for the roofs of the townhomes and not our villas, or that six out of the seven board members who voted that the roofs should be redone (despite that only a few are in disrepair) are townhome owners! Forget also that when we replied to the letter inviting us to contact them if we need assistance, we got zero response.
Is there no recourse or protections for homeowners who cannot afford to cough up $10k+ with this outrageous lack of notice? Does the law not allow for payments towards large assessments? Signed, D.L.
Dear D.L. ,
None of the relevant Acts discuss special assessments in any detail. Generally speaking, it is up to your governing documents to establish the board’s right to pass a special assessment, and any restrictions that may exist.