Bylaw sent to committee

[Guest Beth Fisher]

Our bylaws state that the Board of Trustees of our community must keep the grounds in a "sanitary and presentable condition" and they may "assess leaseholders in a sum sufficient to cover the expense thereof and to remit said assessments in justifiable cases".  At our last annual convention, a bylaw amendment was presented (from the floor) that these assessments would be capped at a stated amount.  Due to the way the amendment was written, and because of the ensuing discussion, the amendment was sent to the bylaws committee to rewrite to present at our next annual meeting.  Just yesterday, residents received a letter stating that we are being assessed another fee, twice as large as the one last year, with the reason being that it is needed including general maintenance and grounds upkeep as well as for building and road repair and upkeep.  I have 2 questions:

1). The assessment has been historically done just for emergencies.  Does this bylaw allow for non-emergency upkeep?

2) Since a bylaw governing this has been sent to committee, is the Board allowed to call for an assessment before the matter of a cap is settled?

Thank you!

[Josh Martin]

On 3/14/2024 at 4:03 PM, Guest Beth Fisher said:

1). The assessment has been historically done just for emergencies.  Does this bylaw allow for non-emergency upkeep?

It is ultimately up to your organization to interpret its own bylaws. Personally, I would say the rule as written does not appear to limit its use to emergencies. The rule provides that the board may "assess leaseholders in a sum sufficient to cover the expense thereof and to remit said assessments in justifiable cases."

On 3/14/2024 at 4:03 PM, Guest Beth Fisher said:

2) Since a bylaw governing this has been sent to committee, is the Board allowed to call for an assessment before the matter of a cap is settled?

I see no reason why not. The proposed bylaw amendment has not yet been adopted, so it doesn't count for anything yet.

[Gary Novosielski]

On 3/14/2024 at 5:03 PM, Guest Beth Fisher said:

Since a bylaw governing this has been sent to committee, is the Board allowed to call for an assessment before the matter of a cap is settled?

Sure.  The "matter of a cap" is not in effect unless and until the bylaws amendment is adopted.  Until then, the current bylaws continue to apply until amended.