Nonperking lots requesting waiver HOA dues

Our HOA has some 170 lots, of which 50 have been developed, and does not have city water or sewer. Many lots are being held for investment purposes. While some owners bought from the original land developer, many have been purchased as a resale from the first purchaser. Recently some lot owners have found that their lots do not "perk" (test positively) for county septic system approval. They may well have purchased the lots without having first made sure that the lot perked. A few of these lot owners are therefore trying to take a position that they should not have to pay annual HOA dues, since they feel their lot can't be developed. Our Board has taken a position that it will not waiver dues in such situations and is telling such owners they may be able to pursue engineered septic systems (more expensive and complex). At least one owner, however, claims their lot can't be approved even for an engineered septic system. Has any other HOA had experience with or insight into such situations. Chuck B.

ChuckB--- Just curious as to what State do you reside in ? Being in the business and married to a plumber there is usually always a way to provide sanitation service to property...Here in Florida we have many lots that do not "perk" so we design a septic system above the water table and use an afluent pump to "lift" the sewage to the drainfield....Depending on where you live there may be an Environmental Engineer or a Civil Engineer that may be able to design such a system... I also agree whole heartedly with the reply posted by HOA Talk.....just because the buyer of the property did not use due diligence and verify the "buildability" of the property does not excuse them from their fair share of HOA dues.Caveat Emptor.....As we always say when purchasing anything......LindaC

LindaC: Thanks for reply. We're located in South Carolina. The HOA Board is developing a "policy" statement on this issue, to use in replying to such member inquiries and to put in newsletter. Also, we're trying to be emphathetic and helpful. So have researched with SC some educational reference links to give property owners on alternative engineered systems, the state regs and certified soil testers. As you note, we need to educate such owners that if doesn't perk for regular systems, there may be other alternatives (though more costly and complex). Did have one owner so far, though, who claims property wouldn't even test out for alternative engineered system. ChuckB