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RonM4 (Maryland)
Posts: 26
Posted:
Our community is a mix of townhouses (192 units) and single family (256 units) homes. The HOA president just sent out a letter informing that for 2013 there will be an increase in the annual fees due to increased cost. He then went on to say that the townhomes incur additional cost for the association because the HOA is responsible for their snow removal, street lights, sidewalks, and maintenance of the parking lots. The single family homes are on county owned streets and that the snow removal and utility cost for the lamppost are borne by the county. After this explanation he then states that the increase in fees for single family homes will be 9.47% while the townhouses will have their’s increased by 2.86%. Should the single family homes essentially pay for the snow removal of the townhouses? The budget does not separate the cost of maintenance for the townhouses from the single family homes. The only thing our covenants say in respect to fees is that they can only be increased a maximum of 10% a year anything more than that would have to be voted on.
Does this seem fair? What do other HOA’s with a mix of single family and townhouses handle their increase in fees?

GlenL (Ohio)
Posts: 5,491
Posted:
Budget aside, what do the CC&R's say as to how assessments are to be set and spent?

Studies show that 5 out of 4 people have problems with fractions
TimB4 (Tennessee)
Posts: 21,061
Posted:
The answers will be in your governing documents.

You may want to start a movement to separate the two Associations and let each govern and pay for their own maintenance.
JeanneK3 (Maryland)
Posts: 562
Posted:
Ron:
I agree with the above posters. Look at the section in your governing documents where it says what portion of the expenses will be assessed to each category.
Jeanne
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Its not a question of fairness, its a question of how they came up with the breakout. You will have to look into it.

Typically, a hoa with a mix of homes and townhouses have different percentages of ownership. So its likely the homes are set at a higher percent of dues/ownership than the townhouses, because that is what is required in the original CCR. Every CCR lays out a breakdown of units. If this is how they did it, this is correct. Its fair, because its the legal way to do it.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Are the townhouses and houses in the same HOA? Or two different HOA's?
LarryB13 (Arizona)
Posts: 4,099
Posted:
Ron,

How do you know that the single family homes are footing the bill for snow removal and lights in the townhouse section? The fact that there are different rate increases for each group says that you are not all paying the same assessments.

Assuming that you acurately paraphrased the president's letter, I think you reached some unwarranted conclusions. You wrote that his letter said, "the townhomes incur additional cost for the association because the HOA is responsible for their snow removal, street lights, sidewalks, and maintenance of the parking lots. The single family homes are on county owned streets and that the snow removal and utility cost for the lamppost are borne by the county." I see nothing in those statements that says the single-family homes will be paying for the extra costs incurred by the townhomes; all I read is that there are different expenses for the townhomes. The fact that your rates are going up at a steeper rate than the other group means very little without knowing who is paying how much for what.
RonM4 (Maryland)
Posts: 26
Posted:
The townhomes are in the same HOA. I have tried to find, in our Covenants, the breakdown of assessments and it only states that assessments can only be increased a maximum of 10% a year without vote of 2/3 of all homeowners.

I use the snow removal as an example. The townhouses have their snow removed by private contractor. If you add up all the income from the TH increased assessments of 2.88 percent it does not come close to paying the projected snow removal budget. For 2012 the budget for snow removal was $3000 for 2013 the budget for snow removal is $15,000. This is an increase of $12,000, yet the total additional income brought in by the new assessment for the TH is only $5368. Someone has to make up the additional $9632.

And yes, the HOA president did make those statements. Unfortunately, the HOA Board has more TH owners on it then SF. And it has been inferred to me by other board members that some of those board members want to eventually have all SF and TH paying the exact same assessment. One of the TH board members told me that the TH’s have paid almost 100% of the reserve funds and that the SF homes are the ones incurring additional cost due to replanting of dead trees. Mind you, he failed to mention that in 2010 the HOA paid out $33,000 in snow removal for the TH or the fact that the TH’s had their streets and parking lots resealed. I will be asking for a review of all the finances for the past 3 years.
EllieD (Vermont)
Posts: 446
Posted:
Ron,

You post, if I read correctly, that the Town Houses and the Single Family Units are currently paying different assessments.

Have you looked “all through” your Documents, to see if anywhere “Percentage (%) of Ownership” is mentioned? Are there any Exhibits or attachments, or references to other Documents that might mention Percentage of Ownership?

Also, you refer to your group, as a HOA – HOA, depending, can be somewhat of a general term – sometimes a Condominium Association, will refer to themselves as a “Home Owners Association”, when in reality they are a “Condominium Association” per their Documents. What words do your Documents use?

Another thing you could look for in your Documents, is to find out how the “Common Area” or “Common Elements” are defined. The definition of the Common Elements is often what determines what sort of an Association you are.

As others have also posted - there should be a reason for the difference in Assessments that can be traced back to your Covenants.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Ron,

Your concern is neither new nor unique. My association consists of 36-acre and larger parcels and we have about 300 miles of dirt roads to maintain. Those who have parcels closer to the main roads argue that they should pay less than those who live at the far end of the roads. The part-time residents argue that they should pay less because they do not drive on the roads as much as the full-timers. Those of us who visit only a few times a year argue we should get a break. Some owners have split their parcels and the rest of us think they should pay more because now there is more traffic on the roads. The arguments never end.

My tongue-in-cheek suggestion was that we install toll booths on each road to collect payment from every user. We will need to man each booth 24/7 to collect and safeguard the money. Of course, we have to build the toll booths, run electricity to each booth (several miles in many cases), install some form of running water, flush toilets, and septic tanks. Maybe some scales for charging heavier vehicles more. This will ensure that each user pays a fair price based on his use of the roads. Our current assessment run about $130 a year for a 40 acre parcel. To fund construction of these fair toll booths, we will need each owner to chip in, say, $10,000 each. Then after that we will all pay a "fair" price to use the roads. Or we could just save ourselves a lot of aggravation and resources and continue with our current unfair assessments.
GlenL (Ohio)
Posts: 5,491
Posted:
Larry, you're missing an obvious (at least to me) alternative. Electronic monitoring coupled with some well placed scales to take the human element out of the equation. The necessary equipment shouldn't cost toooo much and would probably pay for itself in oh 50 or 60 years.

Studies show that 5 out of 4 people have problems with fractions
GlenL (Ohio)
Posts: 5,491
Posted:
Ron, you really need to read your documents closer including the Articles of Incorporation. I find it mind boggling that the percentages of ownership are not clearly spelled out, including how assessments are to be based. Of course I also find it mind boggling that someone would purchase in a mixed use development without understanding how assessments were decided before signing on the dotted line.

Studies show that 5 out of 4 people have problems with fractions
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Ron

In your first post you said the dues were going up a differing amount so this says to me, that each unit (be it in a building or standalone) does not pay the same monthly dues now.

Now as to if the dues are apportioned fairly is the real question. I think it could be broken out. As an example:

If you went by snow removal alone the cost per standalone unit would be $0 and if you divided the snow removal cost by the number of building units (say $15K by 100) then the cost per building unit would be $150.00 per year. In this example alone, building unit yearly dues should be $150.00 per unit higher then a standalone unit.

Now let us say you have a swimming pool that is open to all and it cost $30K per year spread over 100 building units and 100 standalone units thus the cost per unit is $150.00 per year.

Hypothetical dues:

$150.00 per year for a standalone unit. Includes pool but no snow removal
$300.00 per year for a building unit. Includes pool and snow removal.

Other differences to look for. Insurance the association might have to carry on the building units that they do not have to carry on the standalone units. Building maintenance they might have to do on the building units that they do not have to do to the standalone units.

The differences in cost might be quite a bit.

Hope this helps.

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