B.H. from Florida writes:
Dear Mister Condo,
My Southern Florida condo has a new manager. The condo Board Treasurer is good friends with this manager. The Board has voted on making an assessment at a recent meeting this past month making the assessment retroactive to January. Is this legal?
Mister Condo replies:
B.H., I get the feeling you feel there is some collusion between the new manager and the Board Treasurer. If you are suspicious of their relationship, I suggest you alert other Board members to the potential conflict of interest. However, it is not uncommon or unlawful for Board members to know and/or be friends with their Property Managers. In fact, it is quite common for Property Managers to make very good friends with Board Members as that is who they work for and who they attend many Board meeting with every year. As for the retroactive assessment, that strikes me as strange and unnecessary. What is the value in making it retroactive? Wouldn’t that make everyone affected overdue? My guess is that the assessment was passed and that homeowners now have to pay the assessment to cover work that is either completed, being done, or in the planning stages. As long as the assessment was passed in accordance with your association’s by-laws, it should be legal. However, if the proper protocol was not followed, you may have grounds to have the assessment dismissed. You should consult an attorney if you feel the law was broken. Good luck!