HOA variables

I have some questions to ask fellow members on this forum.

I know one of friends experience HOA due increase by variables, only smaller units get the fee increase.

My questions are how the CC&Rs set up by real estate laws or builder?
If the CC&Rs set up variables for the fee increase, how to determine to only increase fee for certain units and not cross the board?
If the board decide this way, what home owners can do about it?

HOA rules fall under CORPORATE laws if they are incorporated. It is the developer who sets up the CONTRACT. Which basically what CC&R's fall under. You do NOT want to hire a Real Estate Lawyer to handle HOA issues but a CORPORATE or one that is familiar with CONTRACT law. It is confusing as real estate is involved but it's more like a corporation involving real estate ownership.

A HOA can assign different lot sizes different dues if it's in the rules. Some developments have Condo's and patio homes. A condo may not have any yard associated with them and a patio home may provide a yard. Which means more upkeep and expenses associated with a patio home versus condo. Hence why the difference in dues charged.

Usually the dues can only be increased by a cost of living percentage which is around 5% yearly. That increase has to be voted on by either the board or the majority of homeowners. It depends on how the rules are set up in regards to that. Some changes are done by board and some by majority of owners. It's good to know what falls under each responsibility.