Secuirty Desposits/ Non-refundable Fee?

Started by LisaK11 • 8 replies • 1286 views

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LisaK11 (Texas)
Posts: 5

Posted:

Is it standard practice for a HOA/POA community to ask for a security deposit (a portion of which is non-refundable) when you purchase land
to have a home built or installed (mobile home) on your own property?..... Then require a moving fee if you want to move off
of your property?

I can certainly understand this practice if lot is leased by the HOA/POA but not if one Owns their lot.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Lisa,

Welcome to the forum.

There are a few on here that understand mobile home park associations.
I am not one of them, so can not comment other then to read the governing documents and see what they say.

LisaK11 (Texas)
Posts: 5

Posted:

Boy, I wish it were just mobile homes. There are houses, mobile homes, campsites, so I am totally confused. I didn't know you could even have an HOA and POA within the same Addition and all paperwork given is extremely difficult to understand. TY for your message

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Mobile home situations are a bit different than HOA's/POA's/Condos. From what I understand, this can be common practice with mobile home property owners. Meaning the people who actually own the property. They consider that lot your home sits on basically as "rental". Which means they do charge for using that space similar to renting. I've heard of them charging for moving in and moving out. The charges of which vary per mobile home park.

It's usually best to buy separate land and put a mobile home on it than to move into one of those parks. Depending on your situation. If your just temporary or looking for a full living spot. Overall, I do believe that this isn't an unusual practice.

Former HOA President

LisaK11 (Texas)
Posts: 5

Posted:

We DO own the two lots. We just purchased them. This is why I am so confused!! The Land and lots, campsites, etc. is governed by HOA and POA, so this is confusing. We Have to Pay a deposit AND non-refundable FEE when we OWN the land. This is what is bothersome as, if we were renting the space then I would not mind, but we just Purchased two lots.

Thus my question, "is it normal to charge for a Deposit AND Non-refundable FEE when one OWNS their Land?"..... And, is it normal practice for an HOA And a POA to have the same jurisdiction or should it be one or the other?

We do not mind at all, paying FEES, but when we OWN two lots, where is it stated that a deposit is acceptable Practice thru either the HOA or the POA on owned land?

And the Community is NOT based on mobile homes, but mobile homes, campsites, vacant lots AND $350,00.00 Beautiful lake homes.

We are Not a Mobile home community only. PLEASE HELP!!

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By LisaK11 on 03/29/2016 9:44 PM

We are Not a Mobile home community only. PLEASE HELP!!

Lisa,

Although there are similarities, there are also differences between Associations.

Do your governing documents authorize said fee?
If they do, can you tell us which document it is in and cite the passage (minus any identifying names of the Association)?

LisaK11 (Texas)
Posts: 5

Posted:

I am checking the governing documents and will see, then post information for you, TY!

LisaK11 (Texas)
Posts: 5

Posted:

Ok so the ONLY Bi-Laws given at time of becoming a Member were "Amended Covenants and Restrictions" and "Amended Bi-Laws".

In the "Amended Covenants and Restrictions" : Paragraph 14: THE BOARD OF DIRECTORS OF THE PROPERTY OWNERS ASSOCIATION - shall have the power
and authority to: e: set reasonable fees for the processing of permit applications and establish reasonable deposits,
when necessary, to assure compliance with these covenants and restrictions.

Under a SEPARATE piece of paper is a list of "BUILDING PERMIT FEES"
(Please note that, the NRF AND the DEPOSIT are to be paid. Deposit returned once work is completed. The NRF is kept by the Association.)

NON-REFUNDABLE DEPOSIT

New House Construction $1,750.00 $1,000.00
New Mobile Home/Manufactured Homes
Move In $500.00 $1,000.00
Move Out $250.00 $1,000.00

Etc. on List of Permit Fees

No where does it state that a NR Fee can be accessed and I am wondering if it is Legal per the State of Texas to allow for such
fees if not listed and addressed in the "Amended Bi-Laws!?

Also separate are the "Application for Garage, Carport, Fence, Other Permit", Application for New Manufactured Home Permit".

I found several Association documents filed with the County but cannot locate the "Original" Bi-Laws. DON'T I HAVE THE RIGHT TO THESE SO
I KNOW WHAT HAS BEEN AMENDED?

Thank You for your assistance!

PitA
Posts: 1,416

Posted:

... I am wondering if it is Legal per the State of Texas ...

Legal questions can only be answered by a licensed attorney.

However, it will cost you MUCH MUCH more than the fees in question to fight the issue of whether they are CONTRACTURALL allowed under your AGREED TO Covenants and Restrictions.

next time: CAVEAT EMPTOR

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