💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

TravisT2 (Tennessee)
Posts: 1
Posted:
Me and my wife moved in a couple of years ago and one of the factors that just about stopped us was the ridiculous HOA fee in our subdivision...it is 4 times the amount of any HOA's within a 35 mile radius! We liked the home so decided to move here...however, once living here we have noticed the only use the HOA provides is a pool...small pool at that...and maintenance on that pool. The kicker is we have a nicer pool at our home and have NEVER went to that pool. I just received a letter stating that the HOA has decided to move forward on building a bigger pool--to the tune of $150,000!!! It is proposing that we will all be charged a 55% increase in HOA dues per year for 5 years!! Is there any way to opt out of use of that pool or any recourse we have..I feel that it is a just a bit ridiculous!
DouglasK1 (Florida)
Posts: 2,046
Posted:
I would think your main recourse would be to vote in directors who are not in favor of spending this money, either through the normal election process or via a recall. See your governing docs to see what they say about recalls. If they are silent, you might need to check your state non-profit corporation law. If other owners are concerned, then you might want to band together and hire a lawyer to explore your options, including properly conducting a recall if you decide to go that way.

These options all assume that there are a fair number of others who feel the way you do on the issue, if not, then that's how democracy works. It's doubtful you could opt out, the governing documents will specify how dues obligations are allocated and can't be changed easily.

Escaped former treasurer and director of a self managed association.
GeorgeR8 (Arizona)
Posts: 182
Posted:
I doubt you can opt out. I have never heard of that happening. If you use the pool doesn't enter into it. Maybe they need a new pool. Maybe the old pool is too crowded. Maybe the majority of the people want a new pool. I find it hard to believe that they are building something nobody wants. There might be a few people against it but the ones not saying anything may be in favor.
SheliaH (Indiana)
Posts: 6,964
Posted:
First of all, the price of assessments varies from community to community depending on what services the association provides - THAT is what matters when you live in community A vs. community B. Apparently, the cost of this assessment wasn't a deal breaker since you really liked the home, so it is what it is.

Do you know the backstory on the decision to build a bigger pool? Look at past board meeting minutes and talk to the neighbors who've been there awhile. Hopefully, there was a bit of discussion among the homeowners as to whether a new pool was needed and if people were willing to pay for it as well as the increased costs. If the consensus of the community was to build it, that's that - as an HOA member, you can't select what you will and won't pay for. This isn't a cafeteria - if you choose not to use the pool, that's your right, but since you and everyone else shares in the maintenance of the community's common property (like the pool), you'll just have to suck it up and pay it.

OR...talk to your neighbors and see if there's enough support to petition other homeowners to pressure the board into reversing its decision. That will mean going to meetings, going door to door or sending letters (or both) encouraging people to attend the board meetings and expressing themselves, and then you'll see what happens.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By DouglasK1 on 09/22/2017 1:38 PM
I would think your main recourse would be to vote in directors who are not in favor of spending this money, either through the normal election process or via a recall. See your governing docs to see what they say about recalls. If they are silent, you might need to check your state non-profit corporation law. If other owners are concerned, then you might want to band together and hire a lawyer to explore your options, including properly conducting a recall if you decide to go that way.

These options all assume that there are a fair number of others who feel the way you do on the issue, if not, then that's how democracy works. It's doubtful you could opt out, the governing documents will specify how dues obligations are allocated and can't be changed easily.


Douglas pretty much hit the nail on the head. No you cannot opt out ... however, you can install a Board of Directors are like minded individuals who do not like or want the HOA assessment increased.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By TravisT2 on 09/22/2017 12:08 PM

Is there any way to opt out of use of that pool

No.

As a member of the Association (which you became when you purchased your home) you are required to pay your fair share of all Association expenses.

Quote:
Posted By TravisT2 on 09/22/2017 12:08 PM

[Is there] any recourse we have

Gather support and fight the increase.

Sometimes, and you will need to read your governing documents to find out, membership approval is needed to raise assessments over a certain amount or impose a special assessment.

Changing Directors may or may not stop the project. It depends on what contracts have been awarded and the cost of cancelling those contracts combined (if work has already started) the cost to restore what was changed.
CjC
Posts: 210
Posted:
Do your documents mention if members need to vote in a higher assessment? Our dues can only increase 10% without a member vote. Reread your documents to find out.
AlexM1 (Oklahoma)
Posts: 287
Posted:
I have seen a horrendous amount of corruption actually starting with a management company. They have their favorite contractors and the assigned manager is right in their pushing THEIR contractors. Most people scuff at this but if one looked deep, they would see exactly what I mean.
GenoS (Florida)
Posts: 4,276
Posted:
One man's "digging deeper" is another's conspiracy theory. If you've got solid information or evidence then convince others that it's something to be concerned about. If it's so obvious then you shouldn't have much of a problem getting others to agree with you. Property managers have preferred contractors for a wide variety of reasons and, by itself, isn't that much cause for concern.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here