Can HOA increase fees by 60%?

[janny53]

My jurisdiction is: Florida

We have had a vacation home in Orlando for 11 years and were under the impression that HOA dues could rise by no more than 10% in any one year and this is laid down clearly in our bylaws. This year our board has imposed a 60% increase.
Comments from other homeowners have resulted in this reply from the President of the HOA.

Our Declaration states in Article 11 Section 3 entitled "Periodic Assessment and Charge".
"The rate at which each lot will be assessed, and whether such assessment shall be payable monthly, quarterly or annually, will be determined by said Board Of Directors of the Association at least 30 days in advance of each assessment period.Said rate may be adjusted from time to time by the said Board of Directors as the needs of the project , in the judgment of the directors, require.

Article XV1, of the byelaws-- namely AMENDMENTS, states in section 2,
"In the case of any conflict between the Declaration and these Bylaws, the Declaration shall control".

My question is this. Does a conflict between Declaration and Bylaws exist and so justify the Boards decision?

 

[dee_dub]

The only provision of the bylaws you've quoted is the provision that states that in the event of conflict, the declaration governs. What portion of the bylaws limits fee increase to 10%?

If there IS a conflict, this doesn't "justify the board's decision". The board's decision, if it is justified, is justified by whatever circumstances merit a 60% increase.

The board might have the power to make the increase by virtue of that provision in the Declaration. That's the interesting question. I'd like to know more about the possibly conflicting 10% limit bylaw.

 

[janny53]

Thanks for your quick reply. I have attached that part of Article X11 in the Bylaws of the Homeowners Association entitled "Assessments" that I think you wish to see.
Article XV1 (Amendments), Section 2 of the same bylaws, states that in the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control.
My worry is not the extra cost, but the damage that can occur when HOA boards get these things wrong.
Many thanks again,

 

[dee_dub]

As I read the section you enclosed, there is no "conflict" per se between the Bylaws and the Declaration. However, the Board is attempting to do something, i.e. raise dues by more than 10%, that it is not empowered to do by the Bylaws without a 2/3 majority at a special meeting (section 3b).