First, let me state that I disagree with the demand for payment of the special assessment as the purpose for which it was approved has become nearly moot since the settlement of the lawsuit. The purpose of the lawsuit was to bring the stormwater detention facility into compliance with the City of Shreveport Standards and that has been or should be achieved in the terms of the settlement. If the settlement does not accomplish this purpose, we need to take another look at the settlement; if it does accomplish its purpose then the assessment is rendered moot by its own terms as indicated in the stated purpose of the assessment itself.
Facts:
The Special Assessment Ballot specifically states, ''This special assessment will provide funding to bring the Storm Water Detention Facility into compliance with City of Shreveport Standards.''
The July 2007 letter from the President does state,''The cost to be paid by each homeowner is significantly lower than originally anticipated. The $400.00 special assessment will be reduced to reflect the lower amount before being billed.''
The July 25th Letter states, ''The board has worked hard in recent months to resolve the drainage ditch issue and work should begin within the next few weeks, weather permitting, to bring it into compliance.''
The settlement states,''Once completed, the City of Shreveport will withdraw its citation issued to the Homeowners Association and will issue a letter attesting to the fact that, as of that date, the stormwater retention area is in full compliance with the plans and specifications approved by the City. Thereafter, the maintenance of the stormwater retention area will be the sole responsibility of the Homeowners Association.
Upon completion of all the work and the issuance of the letter from the City, the lawsuit by and between the parties will be dismissed with prejudice. Each party will pay its own attorneys fees and court costs.''
Comments:
I am well aware that our cap of HOA expenses in this settlement agreement amounts to $7500.00. I am also aware in the billing document it states ''for the storm detention facility (ditch) repair and improvements'. It is very clear that this assessment is strictly to bring the stormwater detention facility into compliance with the city standards and if the city approves the work that has been accomplished, the HOA should be out $7500.00. If one divides this figure by 269 lots that is a total of $27.88 per lot. Of course, any improvements are a totally separate issue and will have to be approved in the future.
The City certainly should complete its inspection soon if it has not already. It certainly should be completed prior to the annual meeting.
Facts:
The Special Assessment Ballot specifically states, ''This special assessment will provide funding to bring the Storm Water Detention Facility into compliance with City of Shreveport Standards.''
The July 2007 letter from the President does state,''The cost to be paid by each homeowner is significantly lower than originally anticipated. The $400.00 special assessment will be reduced to reflect the lower amount before being billed.''
The July 25th Letter states, ''The board has worked hard in recent months to resolve the drainage ditch issue and work should begin within the next few weeks, weather permitting, to bring it into compliance.''
The settlement states,''Once completed, the City of Shreveport will withdraw its citation issued to the Homeowners Association and will issue a letter attesting to the fact that, as of that date, the stormwater retention area is in full compliance with the plans and specifications approved by the City. Thereafter, the maintenance of the stormwater retention area will be the sole responsibility of the Homeowners Association.
Upon completion of all the work and the issuance of the letter from the City, the lawsuit by and between the parties will be dismissed with prejudice. Each party will pay its own attorneys fees and court costs.''
Comments:
I am well aware that our cap of HOA expenses in this settlement agreement amounts to $7500.00. I am also aware in the billing document it states ''for the storm detention facility (ditch) repair and improvements'. It is very clear that this assessment is strictly to bring the stormwater detention facility into compliance with the city standards and if the city approves the work that has been accomplished, the HOA should be out $7500.00. If one divides this figure by 269 lots that is a total of $27.88 per lot. Of course, any improvements are a totally separate issue and will have to be approved in the future.
The City certainly should complete its inspection soon if it has not already. It certainly should be completed prior to the annual meeting.
