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    • Why The Fuss
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    • Special Assessment
      • Why The Fuss
      • What I Am & Am Not Saying
      • What Are We Voting On?
      • Words Matter
      • Quorum vs. Approval
      • Numbers
      • Balloting
      • Documenting the Timeline
      • Questions
    • What Can You Do
    • Documents
    • Feedback

FW Community Connect

FW Community ConnectFW Community ConnectFW Community Connect
  • Home
  • Special Assessment
    • Why The Fuss
    • What I Am & Am Not Saying
    • What Are We Voting On?
    • Words Matter
    • Quorum vs. Approval
    • Numbers
    • Balloting
    • Documenting the Timeline
    • Questions
  • What Can You Do
  • Documents
  • Feedback

Why I Am Raising These Questions...

The purpose of this page is not to tell another Owner how he or she should feel about the Special Assessment.


The issue I believe deserves examination is much narrower: Did the Special Assessment receive the level of Owner approval required by our governing documents, and can the process used to reach that conclusion be independently verified? That question matters regardless of whether an individual Owner supports or opposes the assessment itself.


The Association reported that 57 ballots were received, 48 were determined to be valid, and the final vote was 25 in favor and 23 opposed. The resulting 52.1% approval figure appears to have been calculated using the 48 valid ballots as the denominator.

The governing documents also address quorum, voting eligibility, written ballots, the meaning of “Majority,” and the approval required for a Special Assessment.

After reviewing those provisions together, I believe several straightforward questions remain.


The Questions


1. What formal action did the Board take?

Did the Board formally authorize or levy the $1,080-per-unit Special Assessment before submitting it to Owners for approval?

If so, when did that action occur, and where is the contemporaneous record of the Board's action?

2. How many Owner votes were eligible?

Fontaine West contains 184 units, but I recognize that the governing documents may render some votes ineligible.

What was the Association's total eligible voting population for this vote?

3. What was the actual quorum number?

Based upon that eligible voting population, how many responses were required to satisfy the one-tenth (1/10) quorum requirement?

4. How many affirmative votes were required for approval?

After determining the total eligible voting population, what number of affirmative votes did the Association determine was necessary to satisfy the applicable “Majority of Owners” requirement?

5. Why was 48 used to calculate 52.1%?

The Association reported 25 affirmative votes out of 48 valid ballots, or 52.1%.

Were the 48 valid ballots also the Association's total eligible voting population, or were they simply the valid ballots returned?

If 48 was not the total eligible number, what provision of the Declaration or Bylaws authorized the Association to calculate approval using only the valid ballots cast?

6. Why were nine ballots excluded?

The Association reported receiving 57 ballots but counting only 48 as valid.

What caused the remaining nine ballots to be excluded?

Were they submitted by ineligible Owners, received after the deadline, incomplete, defective, duplicates, or excluded for some other reason?

7. Were all 57 ballots received by the deadline?

The written ballot established July 6, 2026 at 5:00 P.M. as the deadline.

How many of the 57 ballots were received on or before that deadline?

Were any ballots received afterward, and if so, were any included in the reported results?

8. When and how were the ballots counted?

On what date were the ballots opened, reviewed, validated, counted, and certified?

Who participated in that process?

Is there a contemporaneous tally sheet, certification, or other record documenting the count?

9. Where is the record of the Board's action?

As of August 13, 2026, I have not located in the Association's document portal Board meeting minutes, a resolution, or another posted record documenting formal Board action authorizing or levying this specific $1,080 Special Assessment before it was submitted to Owners.

If such a record exists, I welcome the Association identifying it.


The issue is not simply when a document is produced. The relevant question is when the underlying Board action occurred and how that action was contemporaneously documented.


These Questions Have Answers


None of these questions requires speculation about anyone's motives.

They do not require disclosure of individual Owners' private financial information.

And they do not presume that the Special Assessment was improperly approved.

They require documents and numbers.

If the Association's calculation demonstrates that 25 affirmative votes satisfied the requirements of the Declaration and Bylaws, Owners should be able to see that calculation for themselves.

If the Association relied upon a different interpretation of the governing documents, it should identify the provisions supporting that interpretation.


Either way, the solution is simple:

Show us the calculation. Show us the records. Let the documents speak for themselves.


 

This website is independently owned and operated and is not an official website of Fontaine West Condominium Association, Inc. It is not affiliated with, authorized by, endorsed by, or operated on behalf of the Fontaine West Condominium Association, its Board of Directors, property management company, legal counsel, or any of their respective representatives.

The information presented on this website reflects the personal views, opinions, research, observations, and interpretations of the website owner regarding matters affecting the Fontaine West community. Any documents, governing provisions, correspondence, financial information, or other materials discussed or reproduced on this website are presented for informational and discussion purposes.

Nothing on this website is intended to constitute legal, financial, or professional advice, and no attorney-client or other professional relationship is created by accessing or relying upon this website. Readers are encouraged to review the applicable governing documents and other original source materials and to consult their own qualified legal or financial professionals regarding their individual circumstances.

While reasonable efforts are made to present information accurately, no representation or warranty is made that the information presented is complete, current, or free from error. Opinions and interpretations may change as additional documents, information, or facts become available.

References to Fontaine West Condominium Association, its Board members, management representatives, attorneys, owners, or other persons or entities are made solely for purposes of discussing matters relating to the community. Unless specifically identified as a direct quotation or official document, statements on this website should not be interpreted as statements made by or on behalf of the Association or any other person or entity.

Readers are encouraged to independently review the underlying documents and reach their own conclusions.


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