|
|
You would be mistaken
If you think that a special assessment not paid is not the same thing as unpaid dues. Regardless of the purpose of a special assessment, if it was properly and legally voted on by the number required by your governing documents, then it applies to all residents as ''dues'' - special dues, but dues all the same. And if your governing documents allow for liens to be filed as a matter of attempt for collection, along, I might add with potential late fees or penalties, then you would be shooting yourself in the foot to ignore it.
|
|
|
|
|
|
Your Governing Documents
I have just read parts of your CC&Rs regarding the special assessments and quorums and had two questions:
First, has there been an amendment that alters the reasons a special assessment may be presented for vote? I'm asking because your documents specify that special assessments may ONLY be made for capital improvements. The exact wording is: ''only for the purpose in defraying in whole or in part the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto . . '' It also stipulates that a 2/3 assent vote is required, by those eligible to vote, which vote would be in person or by proxy.
If the special assessment if for legal fees, is that not outside the scope of what the CC&Rs allow for special assessments to be?
My next question is the stipulation on requiring a QUORUM to conduct business and vote on anything, much less special assessments. Section 5 of Article II of your CC&Rs addresses the requirements of a quorum in order to authorize any action under Section 3 and 4 (which 4 is the special assessment section). The quorum for the meeting MUST be ''the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum.''
If you did have the requisite quorum, 60% of the membership (in person or by proxy), what would that number have been? If the quorum was not met, then you could, by virtue of the CC&Rs have closed the meeting and set a SECOND MEETING DATE, in which meeting only half that number (either in person or by proxy) would constitute the quorum, again, as specified in your governing document.
So the question is: how many members does your organization have? What is the number that represents a quorum for the first meeting (60%)? Do you have minutes that reflect that the quorum was met and that the assent vote was 2/3 of that quorum?
Just asking. Because if not, then the resident who is not willing to pay the assessment may have standing. She should also check with her attorney regarding the reason for the special assessment, unless you have amendments somewhere that indicate the special assessment can be voted on for any reason, and not ONLY for capital improvements.
|
|
|
Leg to stand on
If indeed you are referring to me, why would you ever think that I would shoot myself in the foot, especially when I have a leg to stand on.
By Twilla Free
|
|
|
read all the words,
not just the ones you like.
Special assessments are just as enforceable as annual dues. IF the special assessment is legal and properly voted on, then a lien can and should properly be placed if you refuse to pay it. Just because you didn't vote for it doesn't mean you can opt out of it.
However, lien filings are not done in front of judges who listen to both sides and then make a determination of the validity. Liens are notarized and filed in the deed room of the county clerk's office for a fee. There's no hearing. You don't get to present ''your side.''
You would have to file an action to get the lien removed and have a judge order the removal, IF he agrees that the lien was not proper, before the county would remove the lien.
And you can't just GUESS that the special assessment was improper, you should KNOW it before you refuse to pay it and then incur further court costs to try to get it removed.
What you need to do is spend your time in front of a good attorney instead of ranting on a discussion board and then setting yourself up for lien.
|
