I want to be clear about what I am—and am not—saying regarding the Special Assessment.
I am not stating that the Special Assessment has definitively been proven invalid.
I am not claiming that all 184 unit votes were necessarily eligible to participate. I recognize that the governing documents contain provisions affecting voting eligibility.
I am not accusing any individual Board member, management representative, attorney, or other person of fraud, misconduct, or intentionally manipulating the vote.
I am not disputing that Fontaine West has legitimate financial, maintenance, repair, and capital needs.
And I am not asking anyone to accept my interpretation of the governing documents simply because it is my interpretation.
The Association reported:
57 ballots received
48 valid ballots counted
25 votes in favor
23 votes opposed
52.1% reported approval
The arithmetic is straightforward: 25 is 52.1% of 48.
What has not been explained is why 48 is the appropriate denominator for determining whether the approval requirement was satisfied.
The governing documents contain separate provisions addressing voting eligibility, quorum, written ballots, the meaning of “Majority,” and the approval required for a Special Assessment.
When those provisions are read together, I believe Owners are entitled to a clear explanation of the calculation used to determine that 25 affirmative votes were sufficient.
That means identifying:
The total number of eligible votes
The number required to establish quorum
The number of affirmative votes required for approval
The provision or provisions used to calculate each number
The final number of timely, valid affirmative votes received
If the Association can demonstrate from the governing documents and its records that 25 affirmative votes were sufficient, then Owners should be able to see that calculation and reach their own conclusions.
If the Association's position is that the 48 valid ballots cast were properly used as the denominator for determining approval, then it should identify the provision authorizing that calculation and explain how it applies.
I am not asking anyone to presume that the Board was wrong.
I am asking the Board to show how it determined that it was right.
Show us the calculation.
Show us the governing provision.
Let Owners review both and decide for themselves.
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