Special Assessment After the Earthquake: Can I Refuse?
Short answer: A special assessment is valid only if the owners’ meeting approved it with the percentages in Law 284 of 2022 (art. 35): 51% of units current on fees on first call, or 30% on a second call. If it was approved properly and is for necessary repairs, refusing to pay is not advisable.
If your condo board announced a special assessment (extraordinary fee) for earthquake repairs, check these points before paying or refusing.
Who can approve it?
Only the owners’ meeting. The board cannot impose it alone. Law 284 (art. 35) requires:
- First call: at least 51% of the units that are current on common fees.
- Second call: at least 30% of those units, at a meeting called at least 10 calendar days after the first, with the same agenda, time, format and place.
Checklist: is the assessment valid?
- Was there a meeting, not just a WhatsApp message?
- Were you notified 3 to 5 calendar days ahead (arts. 64 and 65)?
- Did the notice state date, time, place or platform, agenda and who is calling (art. 66)?
- Was there quorum and the required vote (arts. 35 and 67)?
- Are there signed minutes with quorum, motions and votes (art. 71)?
- Do you have information on what the money is for (engineer’s report, quotes)?
If something is missing, ask for a written explanation.
Can I refuse to pay?
If the assessment was approved correctly for necessary repairs, refusing is not advisable. Common expenses include conservation, repair and insurance, and the law places special assessments within them. Owners who are not current can face surcharges and be left out of vote counts.
The law has a limited exception: if the assessment is for items not necessary for the building’s existence, stability, safety or operation, or that are luxury (such as a pool, sauna or gym), a dissenting owner is not obliged to contribute (art. 36). Repairing structure after an earthquake is not in that category.
What you can do
- Ask for the minutes and the engineer’s report.
- Ask whether the Contingency Fund is being used before charging more (art. 48).
- Ask about the building’s insurance.
- Propose a payment plan if you cannot pay at once. The board may propose agreements to the owners to help collection (art. 80).
- Consult a lawyer if you think the meeting had defects.
If you live abroad
You are still bound by a valid decision. Pay from abroad by bank transfer, keep proof, and ask for the minutes by email. Do not ignore a notice because you could not attend: you can vote through a proxy.
Frequently asked questions
Can I be charged if I am a tenant?
The obligation is the owner’s. Check your lease in case the payment is passed on.
Can I challenge a meeting?
If there were defects in notice, quorum or minutes, a lawyer can evaluate the options.
Informational only, based on Law 284 of 2022. Not personalized legal advice.
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Cover image: Eric Fischer, CC BY 2.0, via Wikimedia Commons. Illustrative image.