Friday, September 27, 2013

Free month of assessments violates covenants

The Southampton newsletter received today states "there will be two drawings for a free month of assessments" at the October 10 meeting of the Association.

Condominium Declaration, ARTICLE VII, states "the Unit Owners Association shall not . . . change the pro rata interest or obligation of any residential Condominium Unit as shown in EXHIBIT "E".

Condominium Bylaws, ARTICLE IX, state "Each member shall pay . . . a monthly sum . . . equal to one-twelfth (1/12) of the member's proportionate share".

Releasing any unit owner from paying the pro rata share effects the amount paid by all unit owners, i.e. changes their pro rata share.

And why only " two drawings"? Why not 5, or 10, or 50? Where does one draw the line? Whatever the Board wishes to do must be consistent with the condominium covenants. The "two drawings for a free month of assessments" are not.

Furthermore, according to § 55-79.71.E, "Except to the extent expressly permitted or expressly required by other provisions of this chapter, or agreed to by 100 percent of the unit owners, no amendment to the condominium instruments shall change . . . (iii) the liability for common expenses".

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