(a) A homeowners' association seeking to levy a special assessment on its members for a nonessential amenity must:(1) Pass the assessment by at least a two-thirds (⅔) majority vote of the total members in the homeowners' association; and(2) Provide members with financing or a payment plan over a defined period of time.
(1) Pass the assessment by at least a two-thirds (⅔) majority vote of the total members in the homeowners' association; and
(2) Provide members with financing or a payment plan over a defined period of time.
(b) If a member of the homeowners' association fails to pay a special assessment for a nonessential amenity, then the homeowners' association shall not take a foreclosure action against the property or the member for failure to pay the special assessment.