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Special Assessments

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There are very specific statutory requirements for levying a special assessment in a condominium.

Your governing documents must be reviewed to determine who votes on the special assessment (Board, membership, or both), and the notice period for the meeting at which the special assessment will be approved. Sometimes the notice period will be longer than the statutory minimum and the longer notice will control. The statute requires that notice to the unit owners be sent at least 14 days prior to the meeting at which the vote will be taken; specifically, the notice must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting. Evidence of compliance with the notice requirement must be made by an affidavit executed by the person providing the notice and filed with the official records of the association. You can only electronically send notices to those unit owners who have given the Association authorization to send official communications in that manner.

The notice of the meeting cannot merely state, “Special Assessment” on the agenda. The Statute requires that notice of any meeting in which regular or special assessments against unit owners are to be considered \ specifically state: 1) that assessments will be considered, 2) provide the estimated cost, and 3) provide a description of the purposes for such assessments.

The Condominium Act also has very specific requirements for what must be done after the vote is taken. Whenever you have a special assessment consult with you community association attorney to ensure you comply with all of the requirements in both your governing documents and the statute. Failure to properly adopt a special assessment can not only impede the collection of the assessment, but it also can give rise to legal claims against the association for attempting to collect an invalid debt.

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