this IS apples to apples
I am trying to tell you that our situation was nearly identical. We incurred legal fees in taking the developer to court to try to remedy a situation that should have been repaired prior to turning the association over. MSD was involved as well. We tried to use the language we had previously, again, which WAS IDENTICAL TO THE ONES I READ IN YOUR CC&RS, and a handful of residents refused to pay. We placed liens. They took us to court, the judge determined the wording does not allow us bring to levy a special assessment to cover the lawsuit to make the developer remedy the situation. WE did not make the repairs, so any of the legal fees expended to make the developer and MSD do so were NOT COVERED BY THE WORDING OF OUR SPECIAL ASSESSMENT PURPOSES.
We learned the hard way and have since corrected the language to accommodate future special assessments to recover legal fees.
By gfb
I am trying to tell you that our situation was nearly identical. We incurred legal fees in taking the developer to court to try to remedy a situation that should have been repaired prior to turning the association over. MSD was involved as well. We tried to use the language we had previously, again, which WAS IDENTICAL TO THE ONES I READ IN YOUR CC&RS, and a handful of residents refused to pay. We placed liens. They took us to court, the judge determined the wording does not allow us bring to levy a special assessment to cover the lawsuit to make the developer remedy the situation. WE did not make the repairs, so any of the legal fees expended to make the developer and MSD do so were NOT COVERED BY THE WORDING OF OUR SPECIAL ASSESSMENT PURPOSES.
We learned the hard way and have since corrected the language to accommodate future special assessments to recover legal fees.
By gfb
