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MicheleS (Texas)
Posts: 6
Posted:
I live in a San Antonio TX HOA. I am the VP on our board. I went to the builder and asked about the by laws. The information I got from them is not what our Management company says. I.E. the bylaws state "the maxium allowable annual maintenance charge shall not be less than 500.00 per year." The builder HOA lady I spoke with stated this means that 500.00 is the cap not the yearly fee amount and cannot be a cap less than 500.00 per year. Our closing papers and outline we got of the property bylaws ect.. when we first purchased our lot stated the fees are 250.00 per year. I know we can raise that if needed, but the managment company is saying it is not 250.00 per year but was suppose to be 500.00 and no cap. Can anyone tell me which one of these sounds right to you? I believe the builder should know if they wrote it, but we are having meeting tomorrow night to raise it from 250.00 to 400.00. Now there is 3 of us on the board and 2 of us are against it, so that is fine. But I want to be clear on the term in quotes above. The management says my papers are not legal papers. Last time I checked, by closing papers where legal. The papers we got when we first put money down are papers from the builder that we had to sign.
RogerB (Colorado)
Posts: 5,067
Posted:
Michele,
The statement "the maxium allowable annual maintenance charge shall not be less than 500.00 per year." is meaningless. My interpretation is that it does not define the minimum or the maximum. It could be as low as $0.00 and the maximum must be at least $500. Zero to infinity is a broad range

I think you should delete the assessment amount from the By-laws and decide the amount each year based on your annual operating and reserve budgets.

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