Individual Assessment
Without the consent of the the unitholder. Is an HOA Board permitted to purchase goods and/or services for unitholders and then require the unitholder to pay for the good/service on an individual basis? That is separate from the common assessment.
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John,
This capability would have to be established in the CC&R’s specifically for this to be legal. It cannot be established in Bylaws or rules and still be valid.
Dennis
Thanks Dennis. The Board is taking the position that “since it’s not expressly stated” that the unitholder must make they purchase decision, then the Board can. This is problematic, as it would allow the Board to purchase just about anything and bill the unitholder. Whether the unitholder wants the good or service or not.
John,
The only authority that the association has over anything in the community is what is specifically granted to the association and the board in the declaration (CC&R’s). There are no implied powers to do anything based on no mention of that power in the declaration. What is the association trying to get homeowners to pay for individually.
Dennis