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Dennis,
Can the management place a fee to on my assessment account that is not a fine or violation?
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Any fee that is not directly related to the collection of delinquent common expense assessments cannot be added to your assessment account. The prevention of comingling of charges by the associations into the foreclosable statutory lean of the assessment account was one of the primary purposes of HB 2648 that passed into law this session.
Dennis
Thanks
Would yo mind if I forwarded your response to the Board and Management company.
Joe
No problem whatsoever. I’ll also add that because the nonprofit corporation act allows action without a meeting the nonprofit corporation act does not have an open meeting law. The NPCA cannot supersede any provision on the planned community act and can never supersede the open meeting law.
While the PCA does not have a specific requirement for the retention of meeting minutes the NPCA does and also includes the requirement to maintain the record of any action taken without a meeting.
Dennis
Hi Dennis
I am curious to know if your response to Joe’s question would apply to a water use “assessment”. Portions of our community have their water billed through the association vs through the City of Phoenix. Traditionally, the bill for water use has been included in the bill for our Common Area and/or Courthome Maintenance Dues. Is this a proper way of billing based on the passage of HB 2648?
Rhonda,
What constitutes your common expense assessment is very dependent on the language in your CC&Rs. Many communities pay for utility services and then assess the members for their share of that expense either based on metering or proportional share of the expense. In either case they are common expense assessments that were not the subject matter of HB-2648. That bill addressed the collection and liens associated with delinquent assessments but not the assessments themselves.
Dennis