Our Association is governed by the Members, the Bylaws, and the Statute - not the Board. It isn't a mistake or an oversight by the Legislature that the Board is prohibited from altering the assessment formula. It's intentional. It's to prevent then from making mischief, by discriminating against some co-owners or engaging in self-dealing.

The right to modify the assessment regime is reserved to the Co-Owners, by 2/3rds vote. That's the Law and it's a good law. The Community never gave the Board permission to assess by Flat Fee, therefore they are prohibited from doing it.

I have a letter from Bonnallie where he calls the Bylaw specifying the Percent of Value assessment formulation "a suggestion". But it isn't a Suggestion, it's a Commandment. It's a LAW. Laws are compulsory. This case is about whether the Bylaws are suggestions for Bonnallie to follow or not follow as he chooses, or whether we operate the Association according to the Rule of Law.

Even if you are saving money under the Flat Fee regime, it is harmful to our Community when you support undermining the Rule of Law.

When they started the flat fee surcharge business, they began assessing about 13% of the budget by flat fee, instead of Percent of Value. Will they up it to 30% next year? 50%? Do they have any constraints? What's better, rule-of-law or smash-and-grab?

The State Legislature and the Wynset Association rejected the free-for-all method in favor of a predictable and transparent Percent of Value method, which until 2016 was applied scrupulously for 42 years.

Every co-owner who bought in Wynset undertook a Legal and Ethical obligation to pay their share of expenses by Percentage of Value. Nobody was hoodwinked and nothing was concealed. We all did it with eyes wide open, at arms length, and with full knowledge of what we were agreeing to.

Jim and some members reneged on their promise. I call it a betrayal. We all rely on everyone keeping their promise to pay the portion they contracted to pay. By disobeying the law, and breaking the contract, Bonnallie and his accomplices raised my dues to lower their own without any legal authorization. More than $5,100 has been improperly cost-shifted from 35 co-owners wallets to 5 members of the board and 15 other households. It's a specific violation of the Bylaws, the Statute and Fair Play.

When you install a Board of Directors you might hope they are wise and might wish they are prudent. But you must demand that they are honest and law-abiding.