E.B. from America writes:
Dear Mister Condo,
We received a notice of “additional assessment” which the management company tells me falls within the Regular Assessment category and not the Special Assessment category, the only two categories defined in our bylaws. It is to tear out the roads and replace them, a project in the $125,000 range. Shouldn’t that be a special assessment? I get that regular assessments can be levied by the board members for our regular maintenance of common areas, but to me regular maintenance would be to fill a pothole (which we have enough of) not tear out the whole road and replace it. Special assessments require 66% of the co-owners to agree. Regular can be board vote only.
Mister Condo replies:
E.B., there are two answers to your question, one of which you have already answered. Depending on the amount of the assessment as a percentage of your total budget, your own documents detail the difference between a Special Assessment (66% of owners need to vote in favor as you say) and a regular assessment which can be levied by the Board. Additionally, you may have state laws that further define the process for each type of assessment. I am not an attorney nor did you identify your state in your email so I am not sure how to advise you on state law. The management company has given you an answer that you may or may not agree with. Now it is up to you to do some research to find out what type of assessment it is and if it was passed correctly. Or, if the roads truly need repaving (sounds like they do), you may choose to do nothing and be thankful that the Board is finally getting the paving done. That is your call. All the best!