Board Overcharges for Permits

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Article 10 of the 2016 Amended and Restated Bylaws, filed on July 10, 2017, sets building permit and variance request fees:

The fee for a permit is Fifty Dollars ($50.00) for the first Ten Thousand Dollars ($10,000.00), and One Dollar and fifty cents ($1.50) per thousand thereafter for all cost of the construction, remodeling or altering of the dwelling.

A separate, non-refundable fee of $100.00 shall be paid for any request to construct or make any changes to any improvements in Key Allegro which would vary from the Deed Restrictions…

The KA Canal and Property OA Board is subject to, not master of the Bylaws. At its October 9, 2017 meeting it violated the Bylaws by unanimously voting to approve higher building permit and variance request fees than allowed by the Bylaws:

A motion was made to change KACPOA Permit Fees from the current $50 to the following:

The fee for a permit will be One Hundred Fifty Dollars ($150.00) for the first Ten Thousand Dollars ($10,000), and Two Dollars ($2.00) per thousand thereafter for all costs of the construction, remodeling, or altering of the dwelling.

A separate, non-refundable fee of $200.00 shall be paid for any [variance] request…

Since its unanimous vote to violate the Bylaws, the Board has collected over $231,000 in permit and variance fees, much of it illicit. I paid for two small projects, a boat lift and driveway refinishing. Though I paid only $311.00, I was overcharged $203.25. That meant 65% of my fee was overcharge. I requested and received a refund of that amount; I didn’t ask for interest.

My projects were small. If you too paid fees it was most likely for much larger projects and you paid much more than $311. The Board didn’t collect over $231,000 at only $311 a pop.

All the numbers you need to calculate how much you were overcharged, but for your stated project costs, are above. Do the math and see what you are owed. If you’re inclined to add interest, the rate the Board charges owners is 18% per year.