Problem: Mainentance Fees Equity per owner

Since the Declarant typically has control of enough votes, the only options I see are:

1) Wait until control has been turned over to the owners, then gather support to make the change (just make sure you change the correct document).

2) challenge the issue through the courts (which will be expensive and likely scare away some potential buyers until the issue is resolved).

3) Gather support and set up a meeting with the developer and see if they would be willing to make the change.

You may want to try option 3 first.

Hope this helps,

Tim

Welcome to the forum, Larry. First, some questions: Are the 10 spaces in a covered area since they, as you put it, are a "part of your building?" Does the building form a wall for these spaces?

Is the garage that the developer owns on HOA Land? Or on his separate-interest lot?

Our HOA is two condo buildings with 200+ units. All parking spaces're in a 3-level underground garage and are deeded to owners. Their sf isn't a part of each unit's sf. They are exclusive (limited) use common areas. Most owners own two spaces, but 15%-who own smaller condos- own only one.

A few owners actually purchased motorcycle spaces from the developer and we all pay for their maintenance. Every residential owner pays equal assessments into reserves to resurface the garage floors, to replace the overhead lighting ballasts & CO sensors. Re: the floors, cars that have spaces near the main drive aisles pay the same as cars that're waaaaay into the less favorable interior, say, next to a wall; the latter "use" more of the floor to get their cars there than the former, but pay the same.

Each group pays equally to the operating budget for nightly custodial work, striping the spaces, touching up the columns, painting the yellow bumpers in front of our cars, etc.

The fact is that our parking garage structure is common area so everyone chips in to its reserves and routine maintenance. Even if I sold or leased both my spaces, which I'm permitted to do, and never go into the garage again, I'll still pay my fraction of the HOA fees for the garage.

This raises one question: How much a month or year a will/do you pay for your share of these garages?

In addition, there often are parts of HOAs' common areas that some owners do not or sometimes cannot use, but must pay into because of their common areas' status.

I think that all of the high rises around us have a similar set up--lack 2 parking spaces for every condo, but every owner pays the same dues.

So, I think what you see as inequitable is very common. Still, it might not hurt to try Tim's #3.

If Bonnie from NE checks in, she too, is in an older condo bldg.--maybe 40 units-- where not everyone owns a space in the garage. Perhaps she'll be able to tell us if all owners are billed for garage maintenance & reserves, or just those who owns spaces.

Can he charge the Condo a rental fee on that land? Any limits?

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I do get it, Larry, that only 10 Owners own parking spaces at your HOA, but all 40 Owners are paying to maintain these 10 via their assessments.

What you haven't cleared up for me is: are these 10 spaces attached in any way to your condo building? Are these 10 spaces covered with doe kind of roof??

I also asked how much a month (or year) of your dues go towards maintenance of these 10 spaces?

We also have a square foot variance in our condo buildings; bigger units pay more in dues than smaller units for three specific services: water; gas & bldg. ins (don't ask). (I do know you have 30 not 40 condos) what does the sf variance cover in your HOA?

BUT the unit sf does NOT include the parking spaces that are deeded to us owners. And, in fact, some parking spaces are bigger than others. In fact, two spaces are extra wide handicap spaces that that original owners had installed by the developer. Should those two current space owners pay more each month into reserves & the operating budget?

And what about the areas between the spaces--they're owned by all of you in common.

You wrote, Larry, that: "The 10 deeded" spaces are considered the 1st floor level of a 5 story building and are indeed attached to the building as the pillars in the 10 spaces are supporting the other 4 stories."

These pillars and the structure they support are part of your HOA's common area so all owners pay to maintain them. This roof also is the floor of maybe some condos and perhaps a lobby or other condo areas. So you all pay.

I'm looking at a roof on a town home that is part of our HOA. The roof serves ONLY that condo. It's on the street level & several of these surround our high rises. But all Owners pay into reserves to replace those roofs.

To know how much you're paying into reserves & into your operating budget for these 10 spaces, you look at your budget line items; not at the sf. Your reserve budget might be best.

I feel like I'm not making sense to you, Larry, but don't know where I'm going wrong!

As noted in my way above, Tim, ours are both. The space number or numbers is on the deed and is recorded. BUT the spaces also are designated exclusive use common area in our CC&Rs. Our HOA makes rules about them, e.g., we must clean up fluid leaks; only one car & one personal shopping cart may be in each space. And our HOA maintains them. e.g., stripes them, paints the yellow bumpers.

My understanding is that this is very common in our urban high rise neighborhood.

Larry, I believe that $250/ann. per owner for the upkeep & reserves of these 10 spaces that you estimate is way out of line and I'm thinking incorrect. That's $7,500/ann. And it clearly cannot cost that much of your custodial line item to sweep these, nor that much to replace the components in say, 10 years, for only those 10 spaces!! Something's not right here.

LarryL,

Re Condominium Documents that I am familiar with, Percentage of Ownership can be based on a number of different factors, such as selling price, lower floor, top floor, size of Condo Unit – Square feet, etc.

Which is then converted into percentage of ownership, and the percentages of ownership of the total number of Condo Units in the Association, have to add up to 100 percent. And it is the percentage of ownership for any particular Condo Unit, that determines how much of the Total Maintenance Fee, that Condo Unit pays.

But you seem to be describing something different.

Would you be willing to post the exact words from your Documents, that state how the Maintenance Fee due, from each of the individual Condo Units, is to be calculated?

Thank you.