HOA variables

Started by MagL • 3 replies • 1293 views

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MagL (California)
Posts: 4

Posted:

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?

GlenL (Ohio)
Posts: 5,491

Posted:

Quote:

Posted By MagL on 02/11/2011 9:28 AM
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?

The CC&R's are setup by the Declarant/Builder's attorney and must comply with applicable State statutes. Without seeing the CC&R's the thing that comes to mind is if the smaller units are in their own separate HOA that is part of a Master HOA. The Board of that section may have decided to raise the fee's. The first thing to do would be to ask the Board why the fee's were raised only for one section, then you would have a starting point.

Studies show that 5 out of 4 people have problems with fractions

MagL (California)
Posts: 4

Posted:

Thank you for your reply.

The CC&Rs is very vague about due allocation and increase. CC&Rs has a table with base $265 for each unit then varaibles by square footage. I still don't understand why increase udes only for smaller units which due is not much lower than bigger units.

Please see attached.

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JanetB2 (Colorado)
Posts: 4,219

Posted:

Here is some information that can answer some of your questions from the California Davis-Stirling Act:

Duty to Assess:
http://www.davis-stirling.com/MainMenu/Statutes/CivilCode1366/tabid/901/Default.aspx

Allocation of Assessments:
http://www.davis-stirling.com/MainIndex/AssessmentAllocation/tabid/1422/Default.aspx

Problems with variable assessments:
http://www.davis-stirling.com/MainIndex/VariableAssessments/tabid/1428/Default.aspx

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