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abused subassociation

Started by RichardB32 • 6 replies • 1169 views

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RichardB32 (North Carolina)
Posts: 3
Posted:
Our master association (236 members) has used the supremacy clause in our CCRs to require a subassociation (57 members) to bear the full operational costs for the community pool (owned by the subassociation). I believe this constitutes an unfair business practice but don't know how to fight it. Any ideas would be greatly appreciated. Thanks!
NpS (Pennsylvania)
Posts: 4,216
Posted:
Who has access to the community pool?
Sikubali jukumu. Read all posts at your own risk.
RichardB32 (North Carolina)
Posts: 3
Posted:
Everyone in the community (both master association and subassociation).
NpS (Pennsylvania)
Posts: 4,216
Posted:
Can you share with us:

1. the exact language in the M-A and S-A docs that grants access to all members?

2. the exact language that grants power to assess (and in what proportion)?

3. how many S-As are there?
Sikubali jukumu. Read all posts at your own risk.
SheliaH (Indiana)
Posts: 6,964
Posted:
If the sub association owns the pool, it seems only fair that it pay the operational costs -why do you think otherwise? If you have folks from the master association using it, why not simply charge them some sort of fee to offset the expenses they generate? Does your sub association have a board and if so, have you discussed this with them? Does anyone from the sub association sit on the master board of directors (if it has one) and if so, did you ask him/her/them why this decision was made? If it's about money, take a look at the pool budget and ask more questions - if the costs have increased, what's been done to try and reduce them? If the sub association will now carry the entire costs, maybe it's time those homeowners consider if they really want/need a pool - if not, is it willing to pay the cost of getting rid of it and doing something else with the land.

Have you talk to your neighbors to see how they feel - if they're equally upset, everyone should attend the next board meeting and say so, as this is usually the best place to start. If you're looking for legal advice, you'll need to get an attorney to review your CCRs and see what else you can do.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RichardB32 (North Carolina)
Posts: 3
Posted:
The master association collects dues from their members specifically for the pool, the subassociation collects dues from it's members for the pool. These funds were combined since 2001 for operating the pool for the benefit of the entire community. In 2012 the master association decided to pick and choose what items their portion of the pool dues could be used for arguing about what constituted a "maintenance" expense versus and "operational" expense deciding (for example) that their dues could not be used to pay for water and electricity (which are the bulk of expenses associated with the pool).
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By RichardB32 on 02/25/2016 11:20 AM
The master association collects dues from their members specifically for the pool, the subassociation collects dues from it's members for the pool. These funds were combined since 2001 for operating the pool for the benefit of the entire community. In 2012 the master association decided to pick and choose what items their portion of the pool dues could be used for arguing about what constituted a "maintenance" expense versus and "operational" expense deciding (for example) that their dues could not be used to pay for water and electricity (which are the bulk of expenses associated with the pool).

So if I understand what you're saying:

1. Funds for pool are collected by M-A and by your S-A (but not from any of the other S-As).
2. Since 2012, M-A funds only go toward maintenance.
3. Since 2012, entire cost for pool operations is paid by your S-A.
4. Anyone in any of the S-As can use the pool.

Correct? Can you explain why your S-A has been allowing this to go on for years this way?
Sikubali jukumu. Read all posts at your own risk.

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