Post by Admin on Mar 2, 2014 8:13:17 GMT -5
720.308 Assessments and charges.—
(1) ASSESSMENTS.—For any community created after October 1, 1995, the governing documents must describe the manner in which expenses are shared and specify the member’s proportional share thereof.
(a) Assessments levied pursuant to the annual budget or special assessment must be in the member’s proportional share of expenses as described in the governing document, which share may be different among classes of parcels based upon the state of development thereof, levels of services received by the applicable members, or other relevant factors.
(b) While the developer is in control of the homeowners’ association, it may be excused from payment of its share of the operating expenses and assessments related to its parcels for any period of time for which the developer has, in the declaration, obligated itself to pay any operating expenses incurred that exceed the assessments receivable from other members and other income of the association.
(c) Assessments or contingent assessments may be levied by the board of directors of the association to secure the obligation of the homeowners’ association for insurance acquired from a self-insurance fund authorized and operating pursuant to s. 624.462.
(d) This section does not apply to an association, no matter when created, if the association is created in a community that is included in an effective development-of-regional-impact development order as of October 1, 1995, together with any approved modifications thereto.
Editor's Note: #1 does not apply to SLohA which was created in 1977.
(2) GUARANTEES OF COMMON EXPENSES.—
(a) Establishment of a guarantee.—If a guarantee of the assessments of parcel owners is not included in the purchase contracts or declaration, any agreement establishing a guarantee sH all only be effective upon the approval of a majority of the voting interests of the members other than the developer. Approval sH all be expressed at a meeting of the members voting in person or by limited proxy or by agreement in writing without a meeting if provided in the bylaws. Such guarantee must meet the requirements of this section.
(b) Guarantee period.—The period of time for the guarantee sH all be indicated by a specific beginning and ending date or event.
1. The ending date or event sH all be the same for all of the members of an association, including members in different phases of the development.
2. The guarantee may provide for different intervals of time during a guarantee period with different dollar amounts for each such interval.
3. The guarantee may provide that after the initial stated period, the developer has an option to extend the guarantee for one or more additional stated periods. The extension of a guarantee is limited to extending the ending date or event; therefore, the developer does not have the option of changing the level of assessments guaranteed.
Editor's Note: Scratchin my head. I cannot tell if this applies to ONLY Developers or to owner-controlled Associations. I don't recognize anything in the Declaration as a Guarantee of Common Expenses. If it applies to owner-controlled Associations, it sheds a new light on the internet assessment fee and makes me wonder if Members were being asked to guarantee a one-year purchase price in favor of K C N by inclusion in a ratified budget.
(3) MAXIMUM LEVEL OF ASSESSMENTS.—The stated dollar amount of the guarantee sH all be an exact dollar amount for each parcel identified in the declaration. Regardless of the stated dollar amount of the guarantee, assessments charged to a member sH all not exceed the maximum obligation of the member based on the total amount of the adopted budget and the member’s proportionate share of the expenses as described in the governing documents.
(4) CASH FUNDING REQUIREMENTS DURING GUARANTEE.—The cash payments required from the guarantor during the guarantee period sH all be determined as follows:
(a) If at any time during the guarantee period the funds collected from member assessments at the guaranteed level and other revenues collected by the association are not sufficient to provide payment, on a timely basis, of all assessments, including the full funding of the reserves unless properly waived, the guarantor sH all advance sufficient cash to the association at the time such payments are due.
(b) Expenses incurred in the production of nonassessment revenues, not in excess of the nonassessment revenues, sH all not be included in the assessments. If the expenses attributable to nonassessment revenues exceed nonassessment revenues, only the excess expenses must be funded by the guarantor. Interest earned on the investment of association funds may be used to pay the income tax expense incurred as a result of the investment; such expense sH all not be charged to the guarantor; and the net investment income sH all be retained by the association. Each such nonassessment-revenue-generating activity sH all be considered separately. Any portion of the parcel assessment which is budgeted for designated capital contributions of the association sH all not be used to pay operating expenses.
Editor's Note: Note the last sentence that seems like an afterthought but is pretty important i.e. that parcel assessments that are earmarked for capital contributions to the RESERVES cannot be converted to OPERATING. Seems important enough to earn its very own (letter)!
(5) CALCULATION OF GUARANTOR’S FINAL OBLIGATION.—The guarantor’s total financial obligation to the association at the end of the guarantee period sH all be determined on the accrual basis using the following formula: the guarantor sH all pay any deficits that exceed the guaranteed amount, less the total regular periodic assessments earned by the association from the members other than the guarantor during the guarantee period regardless of whether the actual level charged was less than the maximum guaranteed amount.
(6) EXPENSES.—Expenses incurred in the production of nonassessment revenues, not in excess of the nonassessment revenues, sH all not be included in the operating expenses. If the expenses attributable to nonassessment revenues exceed nonassessment revenues, only the excess expenses must be funded by the guarantor. Interest earned on the investment of association funds may be used to pay the income tax expense incurred as a result of the investment; such expense sH all not be charged to the guarantor; and the net investment income sH all be retained by the association. Each such nonassessment-revenue-generating activity sH all be considered separately. Any portion of the parcel assessment which is budgeted for designated capital contributions of the association sH all not be used to pay operating expenses.
History.—s. 58, ch. 95-274; s. 51, ch. 2000-258; s. 17, ch. 2007-80; s. 15, ch. 2007-173.
Note.—Former s. 617.308.
Editor's Note: This provision is above my pay grade.
Disclaimer: I am not an attorney and the interpretations above are my opinion and offered for informational purposes only. These interpretations should not be relied upon if you are contemplating legal action. Consult an attorney for legal advice.
(1) ASSESSMENTS.—For any community created after October 1, 1995, the governing documents must describe the manner in which expenses are shared and specify the member’s proportional share thereof.
(a) Assessments levied pursuant to the annual budget or special assessment must be in the member’s proportional share of expenses as described in the governing document, which share may be different among classes of parcels based upon the state of development thereof, levels of services received by the applicable members, or other relevant factors.
(b) While the developer is in control of the homeowners’ association, it may be excused from payment of its share of the operating expenses and assessments related to its parcels for any period of time for which the developer has, in the declaration, obligated itself to pay any operating expenses incurred that exceed the assessments receivable from other members and other income of the association.
(c) Assessments or contingent assessments may be levied by the board of directors of the association to secure the obligation of the homeowners’ association for insurance acquired from a self-insurance fund authorized and operating pursuant to s. 624.462.
(d) This section does not apply to an association, no matter when created, if the association is created in a community that is included in an effective development-of-regional-impact development order as of October 1, 1995, together with any approved modifications thereto.
Editor's Note: #1 does not apply to SLohA which was created in 1977.
(2) GUARANTEES OF COMMON EXPENSES.—
(a) Establishment of a guarantee.—If a guarantee of the assessments of parcel owners is not included in the purchase contracts or declaration, any agreement establishing a guarantee sH all only be effective upon the approval of a majority of the voting interests of the members other than the developer. Approval sH all be expressed at a meeting of the members voting in person or by limited proxy or by agreement in writing without a meeting if provided in the bylaws. Such guarantee must meet the requirements of this section.
(b) Guarantee period.—The period of time for the guarantee sH all be indicated by a specific beginning and ending date or event.
1. The ending date or event sH all be the same for all of the members of an association, including members in different phases of the development.
2. The guarantee may provide for different intervals of time during a guarantee period with different dollar amounts for each such interval.
3. The guarantee may provide that after the initial stated period, the developer has an option to extend the guarantee for one or more additional stated periods. The extension of a guarantee is limited to extending the ending date or event; therefore, the developer does not have the option of changing the level of assessments guaranteed.
Editor's Note: Scratchin my head. I cannot tell if this applies to ONLY Developers or to owner-controlled Associations. I don't recognize anything in the Declaration as a Guarantee of Common Expenses. If it applies to owner-controlled Associations, it sheds a new light on the internet assessment fee and makes me wonder if Members were being asked to guarantee a one-year purchase price in favor of K C N by inclusion in a ratified budget.
(3) MAXIMUM LEVEL OF ASSESSMENTS.—The stated dollar amount of the guarantee sH all be an exact dollar amount for each parcel identified in the declaration. Regardless of the stated dollar amount of the guarantee, assessments charged to a member sH all not exceed the maximum obligation of the member based on the total amount of the adopted budget and the member’s proportionate share of the expenses as described in the governing documents.
(4) CASH FUNDING REQUIREMENTS DURING GUARANTEE.—The cash payments required from the guarantor during the guarantee period sH all be determined as follows:
(a) If at any time during the guarantee period the funds collected from member assessments at the guaranteed level and other revenues collected by the association are not sufficient to provide payment, on a timely basis, of all assessments, including the full funding of the reserves unless properly waived, the guarantor sH all advance sufficient cash to the association at the time such payments are due.
(b) Expenses incurred in the production of nonassessment revenues, not in excess of the nonassessment revenues, sH all not be included in the assessments. If the expenses attributable to nonassessment revenues exceed nonassessment revenues, only the excess expenses must be funded by the guarantor. Interest earned on the investment of association funds may be used to pay the income tax expense incurred as a result of the investment; such expense sH all not be charged to the guarantor; and the net investment income sH all be retained by the association. Each such nonassessment-revenue-generating activity sH all be considered separately. Any portion of the parcel assessment which is budgeted for designated capital contributions of the association sH all not be used to pay operating expenses.
Editor's Note: Note the last sentence that seems like an afterthought but is pretty important i.e. that parcel assessments that are earmarked for capital contributions to the RESERVES cannot be converted to OPERATING. Seems important enough to earn its very own (letter)!
(5) CALCULATION OF GUARANTOR’S FINAL OBLIGATION.—The guarantor’s total financial obligation to the association at the end of the guarantee period sH all be determined on the accrual basis using the following formula: the guarantor sH all pay any deficits that exceed the guaranteed amount, less the total regular periodic assessments earned by the association from the members other than the guarantor during the guarantee period regardless of whether the actual level charged was less than the maximum guaranteed amount.
(6) EXPENSES.—Expenses incurred in the production of nonassessment revenues, not in excess of the nonassessment revenues, sH all not be included in the operating expenses. If the expenses attributable to nonassessment revenues exceed nonassessment revenues, only the excess expenses must be funded by the guarantor. Interest earned on the investment of association funds may be used to pay the income tax expense incurred as a result of the investment; such expense sH all not be charged to the guarantor; and the net investment income sH all be retained by the association. Each such nonassessment-revenue-generating activity sH all be considered separately. Any portion of the parcel assessment which is budgeted for designated capital contributions of the association sH all not be used to pay operating expenses.
History.—s. 58, ch. 95-274; s. 51, ch. 2000-258; s. 17, ch. 2007-80; s. 15, ch. 2007-173.
Note.—Former s. 617.308.
Editor's Note: This provision is above my pay grade.
Disclaimer: I am not an attorney and the interpretations above are my opinion and offered for informational purposes only. These interpretations should not be relied upon if you are contemplating legal action. Consult an attorney for legal advice.