Absolutely

I fully agree with you! We have had a number of people already move into this neighborhood as well as people just now buying into the community. We will definately dedicate a spot in the newsletter for this as well as include a special letter in the newhomeowners/existing homeowners packet handbook that we are currently working on. Thanks so much for all of your input!

Reason for objection

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I would respectfully disagree with your reason why there are some ''complaints'' about the special assessment. Regardless of how noble the reason, or how necessary, your governing documents support special assessments ONLY in cases of capital expenditures. That means, if the money were to be used to repair or build ''something'' then an assessment can be voted on.

Litigation is NOT a ''capital expenditure'' and those who do not want to pay the special assessment in that case, do not have to according to the Special Assessment section of your governing documents. You can put forward a ''voluntary'' special assessment, but a ''mandatory'' one, where you can file a lien to collect, cannot and would not be supported in a court of law, BASED ON YOUR OWN DOCUMENTS, if someone were not willing to pay.

You must CHANGE the documents, and they must be amended in the proper way, which would ALSO be dictated and prescribed in your governing documents.

Good luck to you. Hope you get it worked out.

By gf board

specail assessment

I understand that the way it is written did seem to leave the specail assessment open for questions. I did go to the association attorney and check the validity of the assessment as the deadline for paying these assessments have passed. The board was told that the language in our documents read that we can assess to ''defray the cost of capitol improvements'', this assessment does in fact defray the cost of the improvements and it was explained that the assessments are valid. I hope this clears up any questions. There is only a couple of homeowners out of everyone that has not paid. I hope that they now understand the importance of quickly making payment as leins are being placed on their property.

Language is specific

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The language is specific about what it deems as ''defraying'' the cost, and litigation is not specifically mentioned, although OTHER specific language is.

Your attorney may interpret it one way, of course, since he would stand to benefit. It would be up to a judge, however, to make the final determination regarding that very specific language - cost of construction, repairs, etc - and if those who do not pay feel strongly enough about it, then you would still have to litigate THAT. If they win, then the special assessment would be void and NO owners would have to pay it, unless they wanted to do so voluntarily.

I would imagine, as a resident, that I would push it to a court judgment, if for no other reason than to make sure that the ''vague'' interpretation of litigation as a ''cost of capital improvement'' be clarified. I spoke to several other lawyers who also strongly feel that LITIGATION is not a ''cost of capital improvement.''



By gf board