K.G. from Fairfield County, Connecticut writes:
Dear Mister Condo,
in Connecticut, if an association Annual Meeting is held and a Special Assessment is being brought before unit owners to be voted on, does the specific amount need to be disclosed in the notice to unit owners? Our agenda said “discussion of” the project … should it have said “vote on special assessment” for the project? Question 2 – What if the board agreed to a dollar amount to bring before the association for vote and at the association meeting it was increased and voted in favor by the unit owners.
Mister Condo replies:
K.G., as long as the Meeting was properly noticed and the Special Assessment discussion was on the agenda, it is unlikely that the Board did anything wrong with regards to notice. Ditto to the actual amount of the Assessment after the Meeting was held. That being said, your association’s governance documents may provide for a special procedure for levying Special Assessments and that protocol would have needed to be followed. There may also be a limit on the percentage or size of the Special Assessments. At the end of the day, if the association is short of money needed for repairs and maintenance, the details of how the Special Assessment is issued is secondary to the problem that enough money was not collected by the association to pay for the repairs that are now needed. Special Assessments are patently unfair but necessary when needed. The sweetness of low common fees is soured when the money is needed for the repairs. I hope your association gets through this turmoil and gets itself back on track financially in the near future. It is quite possible that common fees need to be raised substantially to make that happen. That won’t be very popular amongst owners but it will avoid these Special Assessments in the future. All the best!