Special evaluation managed by association documents

Dear Polyakov,

The HOA Declaration of the Covenant states that “special valuations above $ 25,000 ($ 25,000.00) require the consent of a majority vote.

Members have the right to attend officially called special or annual member meetings and vote directly or on their behalf. Is the special evaluation covered in Chapter 720? If so, where? And what do you need if there is something in Chapter 720? Priority, our contract or Chapter 720?

Signature, HS

Dear HS,

The HOA Act, Chapter 720, Florida Statistics provides little guidance on special assessments (assessments outside the scope of regular budget assessments). Section 720.315, Fla. Stat. States that prior to the change, the developer-controlled board of directors cannot impose a special assessment without the approval of membership (a quorum majority is required). State of Emergency, Section 720.316, Fla. Stat. States that the Board has the authority to impose a special assessment without a membership vote, regardless of the declaration or other administrative documents, if the assessment corresponds to the damage caused by the event. If declared (this is clearly intended to be related to hurricane damage, but you can imagine situations that are also related to COVID emergencies, such as covering the lack of working capital associated with COVID. Funding an ongoing testing program in a very large HOA with many employees). The law also stipulates that meetings for which special assessments are considered must be mailed to members and parcel owners and posted on the property at least 14 days before the meeting. It’s virtually all the guidance it provides. The same applies to the condominium law, and there is almost no guidance. Generally speaking, the authority to specially evaluate an owner, and the restrictions on that authority, result in the administrative documents of each association.