Q: Can a condo board impose a special assessment for an expense that is specifically prohibited in condo docs?
Our condo docs state that the developer who retained the building, land and amenities, is responsible for 90% of repairs to property that isn't common. He wants us to pay 100% for the seawall damaged in the hurricane which is clearly his and blackmailing us by taking away amenity use which we have an easement for and not paying his 10%:iof other expenses so we are paying that too in order to stay operational. The board passed a special assessment to cover 90% of the seawall cost but our documents also state that at no time will the association be responsible for more than its share of costs. He still didn't accept due to a paragraph saying after the court rules on responsibility the losing party will repay the other. The board still has our money months later and now wants to pass another, possibly 2 assessments. Can we get the first assessment back? Many can not afford this. What can we do?
A: This is a question that goes beyond the scope of this forum and requires a lawyer to review your condo documents to provide advice. You will need to consult with a community association lawyer.
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