The roof over a subdivision clubhouse fails unexpectedly, and the association levies a special assessment authorized by the recorded declaration. Ben refuses to pay because he never uses the clubhouse. Which outcome is most likely?

Correct Answer

B) Ben is generally still obligated to pay if the assessment was properly authorized under the governing documents

Assessment obligations typically arise from ownership in the development and the governing declaration, not from how often a particular owner uses a specific facility. If the special assessment was authorized under the required procedures, an owner usually remains obligated to pay his share.