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What every HOA board should know about defending special assessments

On Behalf of | Feb 20, 2025 | HOA Law |

When your HOA needs extra money for major repairs or improvements, special assessments become necessary. These assessments are like an emergency fund for big projects, such as roof repairs after a hurricane or immediate pool equipment replacement.

While these decisions are crucial, they often draw questions and concerns from homeowners. Success depends on how well you can explain and support your decisions.

Strong documentation is your best protection

Think of documentation as building a strong case for your decisions. Keep detailed records of everything, just like you would for any major home improvement project. Get written estimates from contractors, take photos of the damage or wear, and collect expert opinions about why the work cannot wait.

Making your board meetings count

Your meeting records need to tell the complete story. Write down all the options your board considered, like whether you looked into loans, different contractors or timing options. This shows homeowners you have explored every avenue to keep costs reasonable.

Clear communication makes a difference

Break down complex information into simple, digestible updates for your community:

  • What exactly needs fixing
  • How much it will cost each owner
  • When payments are due
  • What payment options are available
  • What happens if the work is not done

Remember to write all this information and send it through multiple channels to ensure that every homeowner stays informed.

When legal help matters

Even with thorough planning, some homeowners might still question your decisions. This is when having a qualified HOA attorney becomes important. They can review your plans before you announce them, helping you avoid potential disputes later.

Moving forward

A well-documented and properly communicated special assessment plan shows your board’s commitment to community welfare. With proper preparation and legal guidance, you can implement necessary changes while maintaining homeowner trust and support.

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