Condo Board Levies Special Assessment Without a Vote

Hi Jennifer,

If a condo board levies a special assessment without obtaining the required vote of the owners as outlined in the governing documents, condo owners can take several steps to address the issue. First, review the association’s governing documents, including the CC&Rs and bylaws, to confirm the voting requirements for special assessments. These documents typically specify when owner approval is required and the percentage needed to pass the assessment. Next, communicate with the board in writing to seek clarification and request documentation, such as meeting minutes or resolutions, to determine whether the proper procedures were followed. If it becomes clear that the board bypassed the required vote, organize with other affected owners to formally challenge the assessment. This can include petitioning for a special meeting to discuss the matter.

If the board refuses to address the concerns, consider engaging in Alternative Dispute Resolution (ADR). Mediation or arbitration can help resolve disputes without going to court. As a last resort, if your condo board is uncooperative or refuses to abide by the governing documents, you may want to remove them from position. The process and requirements for removal are usually outlined within the condo’s bylaws.