Monthly Dues: Owner-occupied vs. Non-resident Owners

Started by NeilH • 5 replies • 1450 views

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NeilH (California)
Posts: 2

Posted:

Hi all...
We live in a complex where the majority of the owners have moved away but rent their units. For a number of reasons this has caused an undue balance of responsibilities as they don't participate as board-members or help with work-parties for maintenance etc.

Is it legal to charge non-resident owners higher monthly dues than resident owners?

Any advice would be great.

Thanks - Neil

GlenL (Ohio)
Posts: 5,491

Posted:

I would have to say no but this is really a question for the HOA's attorney. Even if s/he says yes, I would expect a court challenge if you do it.

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

TimB4 (Tennessee)
Posts: 21,059

Posted:

It would depend on your governing documents and State laws.

Typically, the CC&Rs specify how the assessments are to be allocated. Therefore, you may need to amend the CC&Rs to do what you wish.

According to davis-stirling.com, it appears that a rental fee could be adopted which would allow the Association to gain a little extra money from those who rent. I'd suggest contacting the Association attorney for a sample proposal along with the benefits, risks and issues associated with adopting such a policy.

Tim

NeilH (California)
Posts: 2

Posted:

wow - this site is awesome. i really appreciate the responses
neil

BB5 (Missouri)
Posts: 145

Posted:

Just a little humor here !! How about the owners who do absolutely nothing in the HOA are charged a little extra to compensate the TWO who do !!!!!! (a simple thank you would suffice )

CarolR11 (Colorado)
Posts: 2,563

Posted:

Tim's advice is good, Neil. And for those of us in Calif., davis-sterling.com is an excellent resource!

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