Can the Association raise the annual assessment?
Yes, but not by the Board on its own. Changing the assessment takes a vote of the members.
The covenants let the Association change the maximum and the basis of the annual assessment going forward. To do it, all of the following are required:
- A meeting called for that purpose
- Written notice to all members at least **30 days** ahead, stating the purpose of the meeting
- The agreement of **two-thirds** of the votes of the members voting, in person or by absentee ballot
The quorum rules are the same as for a special assessment. At the first meeting, members holding 60% of all votes must be present or voting by absentee ballot. If that is not reached, a second meeting can be called with the same notice and the quorum needed is cut in half. The second meeting must be held within 60 days of the first.
A change made this way applies **prospectively** — going forward, not backward.
There is one exception written into the covenants. The limits in Section 3 do not apply to a change in the maximum and basis of assessments made as part of a merger or consolidation that the Association is authorized to take part in under its Articles of Incorporation.
The amounts in place today are $200.00 for a primary lot and $30.00 for a secondary lot. Your annual assessment notice shows the exact amount for your property.
*Source: Restrictive Covenants, Article V, Sections 3, 5 and 6.*