First, our findings highlight how Better Regulation, with its requirement for public consultations and impact assessments, imposes costs on government departments in the earliest stage of policy development.
Generally, he said, when a condominium imposes a special assessment, the money raised through that assessment must be used for the purposes indicated when the assessment is imposed.
Moreover, under the "business judgment rule," the board's decision will not be second-guessed by a court, provided the assessment is imposed in good faith.
At the same time, Mr. Shmulewitz said, the proprietary lease and bylaws of most co-ops provide that maintenance and assessments be imposed on a per-share basis, so that each shareholder bears his proportionate share of the co-op's aggregate expenses.
There were no binding student votes to approve the fees, as there usually are when such assessments are imposed; in fact, at Cal State Los Angeles, the then-president ignored a student advisory vote that overwhelmingly rejected an increase.
