HOA special assessment exemption

Started by EllenS • 4 replies • 1567 views

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EllenS (Virginia)
Posts: 5

Posted:

One of the house is totally outside of our community with a separate entrance. Currently HOA is imposing a special assessment to improve the front entrance of the community. The house who is located outside community don't think they should be assessed for this fee due to no direct benefit to his house at all. Though the board directors personally agree, however, the legal advice is that granting the exemption for any special assessment would not be compliant with homeowner association case law. Is this true? Does anyone have experience about this? Should we deny the request as the legal advice? What is the homeowner association case law? Any quick response will be highly appreciated.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

What exemption? The outside homeowner is NOT part of the HOA correct? The HOA is paying for the improvement. So why would anyone need to concern themselves with including this outside homeowner? There's no exemption here to be made if that homeowner is NOT part of the HOA and their property just coincides with the HOA's property. The exemption would only come into play if the owner was part of the HOA or had to enter HOA property to access their home.

I don't think this outside homeowner is going to be much effected and most likely doesn't care. They may like the idea. So go with the improvement. If that house sells, the improvement will already be in place and the new buyer can't object.

Former HOA President

RogerB (Colorado)
Posts: 5,067

Posted:

Ellen, if the house is not in the HOA, it is obvious the HOA can not assess them. So I think you are saying the house is in the HOA but has a separate entrance. If that is the case they should be assessed just like every other owner.

MaryN (Virginia)
Posts: 125

Posted:

There are several developments in our area that have homes that are part of the subdivision but..that appear to be seperate from the HOA. It doesn't look like part of the HOA, but it is. They pay the same fees as the property owners that live in what is obviously the subdivision. It's what's on record at the courthouse..the subdivision plat. Legally, no Board has the right to exemplary power. If they do exempt a property from the assessments they are breaking the law. At least so says our attorney. We live in VA.

GloriaM (North Carolina)
Posts: 829

Posted:

It doesn't matter if they use the entrance or not. If they are a part of the HOA and pay dues, they cannot exempt themselves from being members, paying dues or special assessments. They have to pay the special assessment like every other member, unless of course your documents are out of the norm.

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