Our attorney's letter to the Board of Directors of 5/30/07 clarifys the authority for Annual and Special Assessments. It states: "The Declaration does not require membership approval (voting) for capital improvements funded by annual dues, reserves or other sources of Master Association revenue. In fact, Article VI, sec 2 of the Declaration indicates that assessments may be used for various purposes, including "improvements and maintenance of the Common Areas".

Article VI, sec 3 provides for Special Assessments for Capital Improvements. "In addition to the annual assessment authorized above, the Association may levy a Special Assessment in any assessment year applicable that year only for the purpose of defraying in whole or part, the cost of any construction, reconstruction, repair or replacement of a Capital improvement upon the common area."

All property taken over by the Association from the developer in 1991 was Capitalized on our books, including real estate. I can recall several items that were not included in the turnover and capitalized that were later voted upon by the membership. Three of them, but not all, were the Pro Shop; the bar, lounge and atrium; and the two gates. I cannot imagine any additional that fit those categories for the future. The lake bank projects
on this year's assessment are actually "repair and maintenance" of a Capital asset included in the takeover, not a new Capital Improvement, so can qualify for inclusion in the annual assessment (maintenance fee). I was wrong in my previous comments in this media, sorry.

I guess it boils down to Board of Directors' "good judgement" as to calling for a vote or not on any future projects because an assessment can be Annual or Special based on their interpretation. A good reason for us to be very thoughtful in selecting Board members that will consider the feelings and opinions of members!!

Ward Shaw