C.B. from Palm Beach County, Florida writes:
Dear Mister Condo,
We just got a 3-year assessment. The 1-bedroom units are being charged the same as a town house or 3-bedroom units. Is this Legal?
Mister Condo replies:
C.B., as you may know, I am not an attorney and offer no legal advice in this column. If you need a legal opinion, kindly consult with a local qualified attorney. The Bard is well within its right to issue a Special Assessment. However, they do need to follow the rules for levying that assessment and if you are unsure what your rights are, I suggest looking at your condo association’s governing documents which should outline the process. Typically, Special Assessments are levied the same as common fee assessments. In other words, if you pay less in common fees as a 1-bedroon unit owner, it would follow that your share of the Special Assessment would also be less. However, if your governing documents state otherwise, the governing documents prevail and dictate how the Special Assessment is levied. It is possible that all units share equally in the Special Assessment. In that case, there isn’t too much you can do about what feels like an unfair share of the burden. Good luck!