Since 1989, Gammon & Associates has devoted its practice to representing community associations. Designed to be a self-contained, efficient legal agent for community associations, the firm offers its clients a results-driven legal fee billing approach. Instead of unlimited billable hours, Gammon & Associates typically doesnt collect until our clients do. The result is a cash-flow-positive legal strategy for our clients who avoid the risk of traditional law firm billing models. Hows that for a cost-effective legal solution?

Monday, August 22, 2005

Preparing Your Community for a Special Assessment

Every community association at some point during its operation will face the reality of needing to generate a special assessment. In good times or in bad, whether the Association has planned ahead or not, the special assessment is an eventuality that must be dealt with and administered properly. The difference between a harmonious community and one in revolt over the idea of a special assessment can be distilled down to one word: COMMUNICATION.

Levying a special assessment against the community members can be a tumultuous experience for the Association and the members alike. Particularly during a weak economy, tensions can run high when unexpected costs like a special assessment encroach on member households' budgets. But all is not lost -- there are ways to "soften the blow" for the members and help them cope with the necessity of assessing the special fee.

Breaking the News...

(1) Communicate Early and Often. Tell the membership as early in the process as is practical to do so. This can be accomplished via email, newsletter, or a special meeting. Open the topic for debate and allow for members to digest the reasons for the assessment and what they can do individually to mitigate the expense. Don't assume that the membership knows about the potential assessment; instead, assume that nobody knows and keep the channels of communication open and slowly build momentum for your special assessment.

(2) Demonstrate how the special assessment will benefit the community. If members don't understand the need for a special assessment, they won't vote for it (if your Association declaration requires such a vote.) In other words, how will this assessment affect their lives? You should emphasize the fact that the board exists to serve the interests of the community and that the special assessment will have a positive effect on the subdivision as a whole.

(3) Prove that the special assessment is a sound business decision. Explain why the Association needs the money in the first place. Review all fund-raising options that the board considered in lieu of adopting the assessment so that the community doesn't feel like the board took "the easy way out." One caution: be prepared to defend your decision with a rational, calm demeanor in the face of emotional resistance from the membership. Be sure you have a strong case to present to the members and that all avenues have been explored prior to considering the special assessment.

(4) Offer payment options. Not everyone will be able to swallow the fee increase in a lump-sum payment; instead, offer alternatives to the one-time payment and create an extended payment plan. Be sure and consult your attorney prior to doing so, as there are concerns regarding fairness during the implementation and administration of such plans, such that no member is unduly penalized by choosing the payment plan versus a payment-in-full option.

2 Comments:

Anonymous Anonymous said...

Thank you for the information about special assessments. Is it the case that special assessments must revolve around things like common areas? Or can a special assessment go through that would only benefit half of the membership? Thank you for your response.

12:00 PM

 
Blogger William G. Gammon said...

Actually, since the purpose of the special assessment is to address something common to the Subdivision as a whole, typically, these devices will apply to the membership in its entirety. However, the dedicatory instruments for the Association should be consulted for any special circumstances that may apply. For instance, a master-planned community may contain a gated section, whereby the special assessment would be applied for the direct benefit of that gated section only. In this regard, only part of the membership would be deriving a benefit. But again, this ability would be contained in the deed restrictions for that particular Association, so a review of that document is a great starting place for answering your question. Good luck!

9:47 AM

 

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