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Homeowner association assessment challenges

On Behalf of | Jul 30, 2021 | Homeowner Association & Condo Law |

If you live in Florida and are part of a homeowner’s association, there are some laws that you need to know about. Some of the most beautiful places are sought after because of the associations that look after upkeep. However, what happens when the special assessments are a little out of hand? Can you challenge them?

Why pay more than the monthly dues?

Living in a community with an association means that you pay monthly dues. You knew the amount ahead of time. The last time you received your bill, you also got a notice that speaks of a special assessment. Some say that any time there is a special assessment, there is a failure of an association to budget. In some cases, this may be the truth.

Improving or repairing your community

If a common area feature breaks, you expect homeowner association laws to hold you harmless from having to pay for it if the association can locate the responsible party. Yet, what happens when they cannot? In some cases, the association will look for a way to absorb the cost, if it is small, or spread it around the members if it is not.

What should you do after you get the bill?

When you believe that an assessment is unfair, you can challenge the association’s board. It helps if you have other residents who will join your protest. Even so, the association does not have to back down. The next step is to sue. If it gets this far, all the association needs to do is prove that the assessment was reasonable and legally set up. While it is tempting to just ignore the bill, do not do it. The association can come after you for the amount.

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