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We live an Florida. Our neighborhood is still being developed and the developer/builder has a majority share of the HOA. They approved a special assessment for access gates to our community; we all wanted them. However, we are being charged for 4 gates and only one will be done now. The other 3 will be in areas that are not even developed yet, and probably won't be for 5-10 years. Can you, legally, assess for something that will be done......10 years from now?
Thanks!
No way anyone here can answer your question without MUCH more information. Your question would probably be best answered by an attorney who has thoroughly reviewed the bylaws of the HOA.
It's far more customary to reserve for distant improvements than to special assess owners in the here and now. Has anyone asked the developer why they chose this approach?
Your state has laws about what a developer can and cannot do while they control the majority and during the eventual turnover of control.
Owners need to undestand these laws and it's well worth a few hours of attorney time. Pass the hat and get an education.
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