What are my rights regarding challenging a special assessment? – Perez Mayoral

Homeowners have specific rights when it comes to challenging special assessments. An attorney will first check whether the association complied with the notice requirements under the Condominium Act and the association’s governing documents. If these requirements were not met, the special assessment can be deemed illegal and unenforceable, making any assessments collected for it invalid. If homeowners are concerned about how a special assessment is being handled or suspect mismanagement, they should consider reviewing recall statutes. In some cases, a more effective approach might be to challenge the special assessment through a recall of the board and replace them with members who can better address the association’s needs. Please call us if you have any question.