Question:
The HOA Wants to push an improvement through and asses us $2000.00 for the Pool improvement.
There are 100 homes in the H.O.A.
they are claiming that it is an emergency and they we have no say so on it. they are not voting on this proposal.
So with out an expert inspecting the pool and the area.
can they just asses us as an emergency fund to improve the pool?
they claim it is leaking and that it will collapse the hill.
– Beverly
Answer:
Hi Beverly,
As per Ind. Code ยง 32-25.5-3-4(b):
“(b) A board may not enter into any contract that would result in a new assessment or the increase in an existing assessment payable by the affected members of the homeowners association in the amount of more than five hundred dollars ($500) per year for each affected member of the homeowners association unless:
(1) the board holds at least two (2) homeowners association meetings concerning the contract; and
(2) the contract is approved by the affirmative vote of at least two-thirds (2/3) of the affected members of the homeowners association.”
If your pool improvement requires the board to enter into a contract, it is worth showing the above stipulation to your board. Additionally, you should check your governing documents for any provisions regarding special assessments. Typically, HOAs have certain requirements written in their bylaws and CC&Rs that the board must follow before levying special assessments.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
