The Association's June 15, 2026 notice repeatedly describes the matter presented to Owners as a “proposed Special Assessment.” That terminology raises an important question when compared with Section 5 of the Declaration: What action had the Board taken before asking the membership to vote?
My reading of Section 5 is that the Board and the Owners have different roles in the Special Assessment process. Those roles should not be conflated.
Board Action:
The Board takes whatever formal action the Declaration requires to levy or authorize the Special Assessment.
Owner Approval:
The applicable Majority of Owners then provides the approval required by Section 5.
The membership vote does not necessarily substitute for whatever formal action the Declaration requires the Board itself to take.
Before Owners were asked to vote, did the Board formally approve or levy: A Special Assessment of $1,080 per unit for the purposes described in the June 15 notice? If so, that action should be reflected somewhere in the Association's records. There should be an identifiable Board meeting, motion, resolution, minutes, or other record showing:
What was proposed
The amount of the Special Assessment
The purpose of the Special Assessment
The Board's vote
The date the action was taken
The question is not whether the Board discussed the need for additional revenue. The question is whether the Board took the formal action contemplated by the Declaration before seeking the required Owner approval.
If the Board had already taken the required action, then the written ballot presumably sought the Owner approval required by Section 5.
That creates a clear sequence:
Board authorizes or levies the Special Assessment
↓
Owners are asked to approve that action
↓
Required Owner approval is obtained
↓
Special Assessment becomes effective
If that is what occurred, the Association's records should demonstrate each step.
If that is not what occurred, then I believe Owners are entitled to understand what action their ballots were actually being used to authorize.
This is not simply a question of terminology.
The governing documents assign authority and responsibilities to different parties.
The Board has responsibilities.
The Owners have voting rights and responsibilities.
A membership vote should not be used to substitute for an action the governing documents require the Board to take, just as Board action should not substitute for Owner approval when Owner approval is required.
That is why I believe the sequence matters.
I am not alleging that the Board failed to take the required action. I am asking for the record showing that it did. What formal Board action created the $1,080 Special Assessment that Owners were subsequently asked to approve?
If that action occurred, identify the meeting, motion, resolution, minutes, and Board vote.
Then the next question becomes whether the required Owner approval was obtained.
That second question is addressed separately in The Numbers.
For this page, the question is simply:
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