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LeahR2 (Virginia)
Posts: 2
Posted:
Our HOA continues to raise dues which is expected. They are also demanding assessment fees that are more than the annual dues. These assessment fees are "intended" for riprap on our hill going down to the river.
This is a personal choice by some members not a necessity. The bank has been there for 100s of years with no fail.
A few of long standing residence oppose the annual assessment.
The above mentioned was not considered an issue with original HOA guidelines and will remain as an unfounded reserve causing the assessment.
Due to the provided circumstances is there any legal consequences for the residents refusing to pay these yearly assessments that begin this year. (residents are continuing to pay annual dues)

Another question. Can new HOA guidelines be enforced upon residents that purchased property when neighborhood being developed and agreed to initial HOA guidelines. If they are enforceable what are the legal consequences to those who do not comply.
GlenL (Ohio)
Posts: 5,491
Posted:
For legal consequences consult an attorney. Unless your Covenants specifically provide that there shall be no riprap allowed on the banks, then in my non-legal opinion it is well within the Board's purview to add the riprap in order to maintain the bank. IMO if someone failed to pay the special assessment then they would be subject to being liened and eventually foreclosed upon. Have you asked the Board why they are so intent upon adding riprap if there are no problems?

Studies show that 5 out of 4 people have problems with fractions
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You can get liened for not paying special assessments.

Former HOA President
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By LeahR2 on 11/25/2014 11:40 PM

Can new HOA guidelines be enforced upon residents that purchased property when neighborhood being developed and agreed to initial HOA guidelines. If they are enforceable what are the legal consequences to those who do not comply.

Can you explain what the term "HOA guidlines" refers to. In most circumstances, there are deed restrictions most often referred to as "CC&R's" or a "Declaration of Covenants, Conditions, and Restrictions."

If the CC&R's require membership in an association, the association will likely be incorporated as a non-profit. Articles of Incorporation may govern to some extent how the association operates and bylaws control the rest of how the association operates.

The association usually has the sole authority for determining how and when property owned by the association may be used. These may be written and the most common title seems to be "Rules and Regulaltions."

If the CC&R's create an architectural control committee it may have the authority to issue rules for construction and/or maintenance of homes and other structures on privately-owned lots.

CC&R's normally can be amended only by some majority of lot owners within the development. Articles of Incorporation and bylaws may be amended by either the board or the members, and this varies greatly from one association to another. Architectural controls may also be amended and the procedure will also vary from one association to another.

It would help if you can be a bit more specific.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By LeahR2 on 11/25/2014 11:40 PM

Another question. Can new HOA guidelines be enforced upon residents that purchased property when neighborhood being developed and agreed to initial HOA guidelines. If they are enforceable what are the legal consequences to those who do not comply.

If the appropriate document was properly amended, and the guideline is considered reasonable, not in conflict with a higher precedent document and properly applied to all members, the answer would be yes.

The legal consequences would be based on your governing documents enforcement policy and applicable State laws, VA ยง 55-513 for example (applicable if your in an HOA vs. a condominium).

Also see: Covenant Enforcement: An Overview a 2012 pdf document/article from an HOA legal firm in the northern VA area.

Now lets also try and clear up terminology:

Covenants are restrictions and agreements that are written in the CC&Rs and are attached to your deed (deed restrictions). These typically specify what you can and can not do with your property.

Architectural Guidelines are standards utilized by an approving authority to standardize what will or won't be approved within the community. They are utilized when a member requests prior approval to make an exterior change to their property. Said approval is required by a covenant. Often, an Association will mistakenly say that a member is in violation of a guideline. In reality, they are in violation of failing to request and receive prior approval for a change to the exterior of their property.

Community Standards are similar to guidelines. These are adopted by the Association and often clarify ambiguous statements within a covenant. For example, a covenant may require that a member maintains their property in good order and repair. A community standard specifying that that the lawn may only have x% of weeds, grass is to be kept no higher than x inches, etc. would be clarifying what the Association considers a properly maintained home. Again, an Association may mistakenly claim that you are in violation of community standards when in actuality, a member would be in violation of the covenant to maintain their property in good order and repair.

Rules and Regulations are for specifying standards of use and personal conduct when using common areas.
LeahR2 (Virginia)
Posts: 2
Posted:
It seems you are in Virginia as our winter home is. Our primary and summer home is in California. I appreciate your feedback and will apply the direction to check information in the California references.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Ahh,

You were discussing an issue for the CA home (your State showed up as VA, which is why the advice was given for VA).

In CA, same thing applies - if it's on common area, the Association has the responsibility and requirement to maintain or be fined. Check with City or County water departments, as they likely have the regulations that need to be complied with.

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