AlohalaniG (Texas)
Posts: 1
Posts: 1
Posted:
Hello!
For the past 30-35 years owners of multiple lots have been charged only one assessment fee per year. This year, the Board sent out invoices charging an assessment fee per lot. The assessment fee is ridiculously low and I am in favor in increasing it. However, previous attempts at increasing the fee have failed to obtain enough votes. It seems to me, a shady way for the Board to collect more fees, while circumventing the majority vote. The neighborhood is not an affluent area and there are many seniors on fixed incomes, who prepaid their dues decades in advance, when they acquired their property.
When I emailed the Board requesting an explanation, they responded that they are enforcing Paragraph 11 of the Deed Restrictions (please see below). The Board argues that only the first buyer, who initially purchased from the Developer, could benefit from only being charged one assessment. As I continue to debate this with the Board, they have now proposed, that if I replat my lots into one lot, I will then be charged one assessment. According to the Deed Restrictions, I don't see how this is required.
Can I please get your opinion? Thanks!
11. An assessment of $X per lot per month shall run against each lot in XXX for membership in and for the maintenance of the private parks, beach areas and rights of way, according to rules and regulations of Seller. Where one owner owns more than one (1) lot, there will be only one (1) assessment for such owner. Provided, however, that if such owner should sell one or more of his said lots to a party who theretofore did not own property in XXX, then said lot or lots so transferred shall thereafter be subject to the assessment and to the lien herein provided. The assessment is hereby secured by a lien on each respective lot, and shall be payable to the Seller in XXX, Texas, or to such other persons as Seller may designate by instrument filed of record in the Office of the County Clerk of XX County, Texas. These payments shall be included with the usual monthly payments for the duration of the âContract and Agreementâ. Thereafter, the assessment shall be payable
yearly at the rate of $X per lot on May 1st, of each successive year.
For the past 30-35 years owners of multiple lots have been charged only one assessment fee per year. This year, the Board sent out invoices charging an assessment fee per lot. The assessment fee is ridiculously low and I am in favor in increasing it. However, previous attempts at increasing the fee have failed to obtain enough votes. It seems to me, a shady way for the Board to collect more fees, while circumventing the majority vote. The neighborhood is not an affluent area and there are many seniors on fixed incomes, who prepaid their dues decades in advance, when they acquired their property.
When I emailed the Board requesting an explanation, they responded that they are enforcing Paragraph 11 of the Deed Restrictions (please see below). The Board argues that only the first buyer, who initially purchased from the Developer, could benefit from only being charged one assessment. As I continue to debate this with the Board, they have now proposed, that if I replat my lots into one lot, I will then be charged one assessment. According to the Deed Restrictions, I don't see how this is required.
Can I please get your opinion? Thanks!
11. An assessment of $X per lot per month shall run against each lot in XXX for membership in and for the maintenance of the private parks, beach areas and rights of way, according to rules and regulations of Seller. Where one owner owns more than one (1) lot, there will be only one (1) assessment for such owner. Provided, however, that if such owner should sell one or more of his said lots to a party who theretofore did not own property in XXX, then said lot or lots so transferred shall thereafter be subject to the assessment and to the lien herein provided. The assessment is hereby secured by a lien on each respective lot, and shall be payable to the Seller in XXX, Texas, or to such other persons as Seller may designate by instrument filed of record in the Office of the County Clerk of XX County, Texas. These payments shall be included with the usual monthly payments for the duration of the âContract and Agreementâ. Thereafter, the assessment shall be payable
yearly at the rate of $X per lot on May 1st, of each successive year.