Question:
Can a HOA make a decision to by a piece of land in the community without a vote from community and can they make you pay for this land upping your fees by 15% or a lump sum of $400.
Thank you for your time.
– Alex
Answer:
Hi Alex,
Kindly review the governing documents to see whether there are provisions regarding major financial decisions. The documents may or may not include a voting requirement. If the association is a condominium, it is subject to the Florida Condominium Act Section 718.114, which states that, under certain conditions, the association can only enter agreements to acquire leaseholds, memberships, and other possessory or use interests in lands or facilities if there is a vote or written consent by a majority of the total voting interests.
As for the assessments, members of homeowners associations can refer to the Florida Homeowners’ Association Act Section 720.308(3), which states that assessments charged to each member shouldn’t exceed the member’s maximum obligation based on the budget and the member’s proportionate share of expenses according to the governing documents. You may review these to verify whether the special assessment charged is appropriate. You may also refer to the governing documents for any restrictions regarding changes in monthly assessments or levying special assessments.
For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
