If you've reviewed the information on this site and have questions about the Special Assessment, you do not have to agree with my interpretation.

Read the documents. Review the numbers. Ask your own questions.

The issues raised on this site can largely be addressed with information that should be capable of verification through the Association's governing documents and records. A community wide communication can easily clear things up.

Owners can ask the Board or management, in writing, to provide the calculation used to determine that 25 affirmative votes were sufficient to approve the Special Assessment.

Specifically, ask for:

• The total number of unit votes in the Association;
• The number of votes considered eligible for this vote, not just those that returned ballots;
• The number of votes excluded as ineligible;
• The number of responses required for quorum;
• The number of affirmative votes required for approval; and
• The governing-document provisions used to make those calculations.

The question does not have to be complicated:

How did the Association determine that 25 affirmative votes were sufficient to approve the Special Assessment?

Owners may also wish to request the Association records relating to the Special Assessment process such as.

• Board meeting notices and agendas;
• Board meeting minutes;
• Any Board resolutions authorizing or levying the assessment;
• Any Board resolutions passed without a meeting
• Written consents or other records of Board action;
• Records documenting the number of eligible votes;
• The ballot tally or certification;
• Records showing when ballots were received;
• Records identifying the reasons ballots were rejected or excluded; and
• Records documenting when and by whom the ballots were counted and certified.

Individual Owners' private financial information does not need to be disclosed for the Association to provide the aggregate numbers necessary to verify the calculation.

A written request creates a clear record of what was asked and when. Keep your communication professional and specific. Rather than accusing anyone of wrongdoing, ask the Association to identify the records and governing provisions supporting its conclusion.

For example:

“Please provide the total number of eligible Association votes applicable to the July 6, 2026 Special Assessment vote, the number of affirmative votes required for approval, and the provisions of the Declaration and Bylaws relied upon in determining that 25 affirmative votes constituted the required approval.”

Then preserve the response.

Do not rely solely on this website. I encourage every Owner who is interested in this issue to read the relevant provisions of the Declaration and Bylaws and reach his or her own conclusion.

Pay particular attention to the provisions addressing:

Special Assessments

The definition of “Majority”

Membership and voting rights

Quorum

Action by written ballot

The source documents are more important than anyone's interpretation of them—including mine.

If an Association meeting is scheduled, Owners can ask these questions directly.

The most useful questions are factual:

How many votes were eligible?

What was the quorum number?

How many affirmative votes were required?

Why were nine of the 57 ballots excluded?

When were the ballots counted?

What Board action authorized or levied the assessment before the membership vote?

Where is that action documented?

Those questions can be answered without debating anyone's motives.

Keep copies of notices, ballots, emails, letters, meeting materials, screenshots, and responses relating to the Special Assessment. Dates matter. If Association records or explanations change or additional documents are later provided, maintaining the original materials allows Owners to understand the chronology accurately.

Different Owners may reach different conclusions after reviewing the documents and the Association's response. Some may be satisfied once the calculation is provided. Others may want additional records or clarification. An Owner who believes his or her individual legal or financial rights are affected may wish to consult an attorney familiar with Georgia condominium law for advice regarding that Owner's particular circumstances. This website does not provide legal advice and does not tell any Owner what legal action, if any, he or she should take.

I am not advising Owners to withhold payment of the Special Assessment. Disputing whether an assessment was properly approved and deciding whether an assessment should be paid while that dispute exists are separate issues with potentially significant consequences. Each Owner should make that decision based upon his or her own circumstances and, where appropriate, independent professional advice.

Owners should be able to ask how an Association decision affecting their property and finances was made without turning the discussion into a personal conflict. You do not have to accuse anyone. You do not have to agree with me. And you do not have to oppose the Special Assessment itself. Serving the community can oftentimes be a thankless responsibility. We can agree to disagree with civility and mutual respect.

You can simply ask:

Show me the governing provision.
Show me the calculation.
Show me the record.

Then review the information and decide for yourself.

 

Beginning with Georgia's new Property Owners' Bill of Rights Act, the Georgia Secretary of State has been given new responsibilities relating to Owners' Associations, including condominium associations. An Owner who has concerns regarding an Association's action or failure to act may choose to submit a complaint to the Georgia Secretary of State. The Secretary of State currently advises that complaints may be submitted now; however, no action will be taken on those complaints until January 1, 2027, when the applicable provisions of the new law become effective. 

A complaint can be submitted through the Secretary of State's online complaint form. When submitting the complaint, the Secretary of State recommends making clear in the complaint summary that the matter concerns an Owners' Association. 

Georgia Secretary of State — Owners' Association Information & Complaint Instructions

Submit an Online Complaint

Owners who choose to submit a complaint may wish to include supporting documentation relevant to their particular concern—for example, Association notices, ballots, governing-document provisions, correspondence, or other records.

This website is not asking or directing any Owner to file a complaint. This information is provided so that Owners who independently choose to pursue that option know that the process exists and can obtain the instructions directly from the Georgia Secretary of State.

The Secretary of State says that beginning January 1, 2027, covered Owners' Associations must annually register with the state in order to collect fines or fees, file or record liens, or initiate foreclosure proceedings. The new framework also provides for administrative hearings through which Owners may challenge certain Association actions or failures to act.