Member Approval for Fee Increases or Special Assessments in FL

Question:

The HOA Board will be charging $100 per household to change and install the services of a new Internet provider; from Zito Media to Spectrum. I understand that this is a great move because ZitoMedia is the worst Internet provider on earth. My question; do the HOA Board must get the members’ approval before deciding on a matter like this one? I was never mailed or emailed a request authorization for the payment of the $100 much less for establishing a new Internet provider. Pleae advise.

– Blanky

 

Answer:

Hi Blanky,

It depends if the HOA board is charging $100 per household in the form of special assessments or an increase in regular dues.

In Florida, HOAs must adhere to specific statutory requirements when imposing special assessments. According to Florida Statute Section 720.303, HOAs are required to provide written notice to all members at least 14 days before the meeting where a special assessment will be considered. This notice must include a statement that assessments will be considered and describe the nature of the assessments.

It’s also essential to consult your HOA’s governing documents, such as the bylaws and CC&Rs, to determine the specific procedures and approval requirements applicable to your association. If the board has implemented a $100 charge for transitioning from Zito Media to Spectrum, either as a special assessment or by incorporating it into regular HOA fees, they must follow the proper notice and approval procedures outlined in both Florida statutes and your association’s governing documents.

It is important to note, though, that there is no state law imposing limits on how much an HOA can raise regular dues each year. That being said, your governing documents may have some provisions limiting the board’s authority to increase dues.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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