Condo Media - October 2024 - 12

Asked & Answered
What's
in a Name?
Supplemental vs. Special Assessment
After reviewing the association budget and expenses to date, it was determined that
there will be a budget shortfall if we do not increase the condo fee. Our condominium
is in Massachusetts, and we've been advised that communications to owners about
the increase need to be worded carefully, i.e., supplemental vs. special assessment.
Can you explain the diff erence between the two and why it's important?
Condominium boards are responsible
for preparing a yearly
budget to maintain the common
areas and facilities of the condominium.
Budgets are calculated based on
the prior year's actual expenses, plus expected
maintenance issues and infl ation. It seems as
if you may be asking two questions here.
THIS ANSWER WAS
PROVIDED BY
Laura
White
Brandow,
Esq.
ASSOCIATE
WITH THE LAW FIRM
MORIARTY BIELAN &
MALLOY LLC
INCREASED YEARLY EXPENSES
If there is a budget shortfall due to
increased yearly expenses for the condominium,
such as for landscaping, insurance
premiums, annual maintenance, or snow
removal, then the simple answer is that the
board needs to increase the amount of the
monthly condominium common expenses
that are charged to all owners. Increasing
condominium fees due to a budget shortfall
does not necessarily constitute a supplemental
or special assessment.
MAJOR INFRASTRUCTURE REPAIRS
When it is time for a major infrastructure
repair, such as for a roof or building façade
repair, these repairs may cost far more than
what the condominium has budgeted or
holds in reserves. Condominium boards
have the power under the bylaws to " supplement "
their budgets via a supplemental
assessment to pay for maintenance or
repair items that are not included in the
12 CONDOMEDIA October 2024
yearly budget. In order to incorporate a
supplemental assessment into the monthly
common expenses, the budget needs to be
adjusted by vote and approval of the board
and communicated to the unit owners as to
the nature and purpose of the assessment.
Depending on the size, scope, and ultimate
cost of the assessment, boards should hold
owner meetings to explain the necessity
and purpose of the work to the owners
and payment plans (e.g., in full, quarterly,
monthly, etc.).
Further, the assessment should always be
referred to as a " supplemental assessment "
- in all written and verbal communications
to owners and on the unit ledgers as well.
The necessity for calling assessments for
maintenance or repairs of common areas
" supplemental " is twofold: (1) Because
the trust board has exclusive control over
common areas and facilities, and it is a right
of the board to undertake maintenance
and repairs without owner approval; and
(2) Massachusetts condominium statute
Section 6 (c)(ii) of Chapter 183A states the
priority lien is for the " ...common expense
assessments based on the budget adopted
pursuant to subsection (a)... "
To incorporate a supplemental assessment
as a part of the priority lien, it needs
to be labeled as supplemental and shown
on the revised budget.
Condo Media - October 2024

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