common areas and membership fees

Started by SueS4 • 7 replies • 1749 views

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SueS4 (Pennsylvania)
Posts: 6

Posted:

I live in a condo building in Pennsylvania. There are usage fees for common areas including the garage, the swimming pool/gym, and storage cages. I took my assistane animal to the pool, and the Board fined me because they said that the pool was a "membership" area. The Board does not bother me when I take my dog to the garage, where they collect parking fees. Since they charge for both areas, is there anything different between a garage you have to pay a fee to use or a pool you have to pay a fee to use? Both areas of the building are supported with money from the condo general fund. Neither runs exclusively from membership fees.

Both the garage and the pool are part of my dwelling. Is there anything in the law that says that the Board can chop up a building and make a portion like the pool no longer a part of a dwelling that I can enjoy? I haven't seen anything like that.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

If your not a member of the pool, then you are not a member of the pool. It has nothing to do with your dog.

Yes, depending on what your rules say, yes, they can require a separate membership fee for garage, or pool, or gym, etc. You need to discuss this with management.

It seems if you joined the pool membership, the problem would be solved.

SueS4 (Pennsylvania)
Posts: 6

Posted:

Thank you for your response. I am a pool member.

My question is this: can the HOA use service fees or membership fees as a way to segregate these parts of the building and say these areas are not common areas? These areas are not self-sufficient on these fees. General condo fee funds are used to supplement the costs of these services.

Does the term "dwelling" cover every part of my building, even the areas that have service or membership fees?

Thank you.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Its possible. But does it apply to your condo, I dont know. If you cant understand your condo docs, you would need a lawyer to look over them for you. Every condo is different, different rules, different CCR, different bylaws. You have to look at all of them, every page to see what applies to "your" situation. No condo or HOA association is the same.

Its not a simple yes or no answer to what your asking.

MikeS16 (Texas)
Posts: 1

Posted:

Sue,
It is possible dogs and other animals are not allowed in the pool/spa enclosure for health reasons. In Texas they are not allowed by the Texas Department of Health.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

It is possible dogs and other animals are not allowed in the pool/spa enclosure for health reasons. In Texas they are not allowed by the Texas Department of Health.

These laws dont apply to service animals. For instance, dogs are not allowed in restaurants, but a service animal (dog) is.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Sue:

What is the exact statement made in your governing documents with regards to common area assessments? Also, if you are a “pool member” then on what grounds did they potentially fine you when you state you are a pool member? There must be some other potential conflict here.

Steve has a point … service animals are allowed virtually anywhere.

FredB4 (Ohio)
Posts: 375

Posted:

It sounds to me like the issue is about your dog.

Does your board know that your dog is a service animal ? Is it a legitimate service animal ? Does your board understand what is required under the American Disabilities act ? Below is a link to some helpful Q & A's.
http://www.ada.gov/qasrvc.htm

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