Common Area 2

ARTICLE II. PROPERTY RIGHTS.

Section 1. Owners' Easements of Enjoyment. Every owner shall have a right

and easement of enjoyment in and to the Common Area which shall be appurtenant to

and shall pass with the ownership interest in every lot, subject to the following

provisions

(a) The right of the Association to dedicate or transfer all or any part of the

Common Area to any public agency, authority or utility, for such purposes and subject

to such conditions as may be agreed to by the members. No such dedication or

transfer shall be effectlve unless an instrument signed by two-thirds of each class of

members agreeing to such dedication or transfer has been recorded.

(b) The right of the Association to charge reasonable admission and other

fees for the use of any recreational facilities situation upon the Common Area.

(c) The right of the Association to suspend the voting rights and the right to

the use of the recreational facilities by an Owner for any period during which any

assessment against his Lot remains unpaid; and fm a period not to exceed sixty days

for any infraction of its published rules and regulations,

Section 2, Delegation of Use, Any Owner may delegate, in accordance with

the By-Laws !lis right of enjoyment to the Common Area and facilities to the members

of his family, his tenants or contract purchasers who reside on the property.

I am attaching the Article in question and hope someone can shed some light on it for me. It is under Property Rights. Article 2 Section 1 (b) The right of the Association to charge admission to common areas seems to be in conflict with (a) (c) and for that matter the whole set of documents. Our BOD has taken it to mean they can charge members fees without a notification, discussion,or vote.. Our BOD did not vote on it as it is not in the minutes of any meeting. It came from a pool committee. Our dues are $14 per month/$168 a year. The pool fee is $50 per member family. This is the 2nd year for the usage fee. In both of the years our BOD has not increased Association dues by the 3% allowable in our Covenants or had a Special Assessment. They have chosen to sock it to the swimmers as most of them are renters. There are no charges for use of the boat ramp and dock, clubhouse, or compound. The fee is only for swimmers and non swimming members are not assessed. If you do not pay the $50 fee you may not enter the pool area. They have not had an interpetation from the their lawyer as I have asked them to do. I am getting an opinion from a HOA lawyer. Please guide me if you can. Thanks

Also, first part of (c) is not valid unless the homeowner is more than 90 days in arrears on payment of assessments per FL HOA State statutes.

Thank you for you reply Janet. this is a trailer park with 168 members. Members own their lots.The reserve fund has been depleted by lawsuits. If we had just added the automatic 3% each year we would be fine. It is amazing to me that I am the only owner who objects enough to do anything. It is cheaper to pay the fee than hire a lawyer. If you are single the fee is $35 and a family $50, two different fees for members? Board members who watch over the pool swim for free. Do you think they will have to refund fees to members if fees are illegal? The president wrote me saying this is to recover repair bills.

The land is the common area, owned by the HOA.

The "facility" may be an amenity that has costs associated with it.

The board may feel that instead of raising ALL dues, those who use the amenity can pay the costs to run it.

Your dues are real low for what your HOA runs.

$50 a year = about 14 cents per day.

You could ask the board how they arrrived at THAT figure. Maybe they could develop a "senior rate" or "family rate."

Can't tell you if it's "legal" but I don't think you are going to get very far in the legal system.

Hi James:

What some boards may not stop to think about is that the State Statutes are always changing; therefore, they potentially should consider this aspect and either properly review themselves or grant your request for the attorney to review.

I would recommend you first send a “Certified Return Receipt” letter all the board members with your request and reasons why you think the issue is incorrect. This way you will have proof that you have made a proper request and if they deny, then you will have that in writing. Also, when they get a CCR letter they should then know someone is tracking and serious. Before potentially going to mediation or attorney it is better to have documentation that you have made good faith effort to get proper answers and resolve the issue.

Our community has a clubhouse. The dues take care of it, but the members are still charged a "user fee" if they want to rent it. Why? Because there are extraordinary costs when it gets used - like paying the entry and exit person, cleanup and paperwork involved.

I wonder if there is a lifeguard or some other extra cost we are not hearing about in this situation.

But, yes, for the beach to be singled out for user fees is unusual.

Susan … keep in mind some states differ in that dues or “fees” that can be charged are only those that could potentially result in a lien against the property. This is because everyone in the HOA has a vested interest in all common area property and is responsible equally for maintaining said common area.

Now if someone wanted to have a “personal private” party in the clubhouse, then absolutely there should be some type of “rental” fee. After all at this time the clubhouse would potentially be closed to anyone except for the individual who rented and their guests. Members then understand the closure periodically will help reduce the overall HOA fees for everyone if rented.

I have to agree with Steve. Everyone should be treated equally with regards to common property as they each own a vested interest in said property. With the low cost of the HOA fees the OP has stated … if everyone paid the $50, then the extra money would help potentially build the reserve fund.

I track a few properties in my family’s “trust” and which are in HOA’s in various states. The last property acquired is an HOA in which there are two pools, two Jacuzzi’s, and clubhouse. The monthly fee is $60/mo. However, this also includes trash pickup, street sweeping, property management company fees, insurance, etc.

James … I am still having a difficult time understanding how the HOA is getting by with the fee currently being charged and have a proper reserve fund for future large expenditures.