Question:
My HOA stated in a recent virtual board meeting that they were going to propose a large increase to address 3 necessary expensive projects. A recent HOA meeting for purpose of obtaining a vote on whether or not to pass a 40% special assessment increase on dues allowed for only in- person voting in a small facility without the capacity to hold a decent percentage of owners. The assessment increase definition of it being a one-time special assessment, versus an ongoing change to annual dues lacked clarity. The new funds were due by each homeowner only about 15 days after the large increase passed, not allowing for financial planning by those being billed this 40% increase. Do we as homeowners have any grounds for asking for a re-vote after more clarity is provided regarding the nature of this increase in dues?
– Sara
Answer:
Hi Sara,
You may raise these concerns with the board and ask for a revote. Kindly exhaust all forms of communication by contacting them through text, call, mail, email, or attending a board meeting, if possible. You may also review the governing documents to find provisions regarding revotes. They may indicate guidelines for how the HOA can conduct a revote.
The Colorado Common Interest Ownership Act Section 8-33.3-308(1) also states that unit owners having 20% (or any lower percentage specified by the bylaws) can call a special meeting. You may gather support from other homeowners to call a special meeting to discuss the revote. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
