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statute of limitations


Guest Larry

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Our HOA is sending out our assessment notices for next year, however, there is a question as what our dues are because the last time they were raised, which was six years ago, there was not a majority of homeowners who voted (our association requires 2/3). The Board in, at the time, made a mistake, which they readily admit, whereby they thought they had the right number of residents to pass, but in actuality, they were shy about four votes. There is a controversy going on about the assessment not being legal, however, residents have been paying the raised amount for six years now. It has been said that a precedent has been set and therefore the assessment stands. Is there a statute of limitations for this?

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Our HOA is sending out our assessment notices for next year, however, there is a question as what our dues are because the last time they were raised, which was six years ago, there was not a majority of homeowners who voted (our association requires 2/3). The Board in, at the time, made a mistake, which they readily admit, whereby they thought they had the right number of residents to pass, but in actuality, they were shy about four votes. There is a controversy going on about the assessment not being legal, however, residents have been paying the raised amount for six years now.

It has been said that a precedent has been set and therefore the assessment stands.

Is there a statute of limitations for this?

No such thing in Robert's Rules of Order.

No "sunset" clause exists in RONR 10th edition.

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Is there a statute of limitations for this?

In most instances, a point of order (claiming that a rule has been violated) must be made in a timely manner. What that means is that it must be made at the time of the infraction. But some violations are so egregious that they're considered to be a "continuing breach" of the rules and there is no time limit on raising a point of order.

Generally, an error in determining the required vote for adopting a motion is not a continuing breach.

But why not just lower the dues for a few years until the "overpayment" is accounted for?

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