LizanneG (<Not Specified>)
Posts: 7
Posts: 7
Posted:
The HOA took over from the Developer the end of March. Since 1997, the Developer had the right to set maintenance fees at his discretion. While the majority of residents have and continue to pay $39/month, those who purchased double lots and either centered their home on both lots or put the home on one lot were also charged $39/month. This has been the case for 10 years. With the development of the last two phases, 4 homeowners have double lots with their home centered across the two lots. They pay 1 1/2 times the fee or $58/month. These fees were all agreed to in wiriting by the Developer at the time of purchase through a Addendum to Purchase Contract setting out the specific fees the homeowner would pay.
Now that the residents have taken over the HOA, several residents (all of whom reside on one lot) don't think it's fair that a home on two lots or someone owning two lots as one piece of property should only pay $39/month. These "several reisidents" are very outspoken and try to get others that probably didn't care to jump on the bandwagon. There are excellent arguements on both sides of this issue. The homeowner on a double lot actually utilitizes the common areas less that if two homes were on the lots, and the same goes for wear and tear on the roads and retention ponds, etc. But it does reduce the overall income of the HOA. Lawn maintenance is not included in the fee. Granted we are not talking huge sums of money here - there are about 17 double lots out of 330 lots.
I guess my quandry is that the covenants do specifically state that maintenance fees are per lot. But they also say that the Developer can establish fees different from others, etc. Additionally, the signed contract is binding and the residents have been paying the fees for as much as 10 years, certainlly setting a precedent. We will be amending our Bylaws and Covenants later this year and I see a big fight ahead. I would like to prevent the inevitable animosity and ill-will this argument is going to cause in the community. Has anyone come across this before and if so, how did you handle it?
Now that the residents have taken over the HOA, several residents (all of whom reside on one lot) don't think it's fair that a home on two lots or someone owning two lots as one piece of property should only pay $39/month. These "several reisidents" are very outspoken and try to get others that probably didn't care to jump on the bandwagon. There are excellent arguements on both sides of this issue. The homeowner on a double lot actually utilitizes the common areas less that if two homes were on the lots, and the same goes for wear and tear on the roads and retention ponds, etc. But it does reduce the overall income of the HOA. Lawn maintenance is not included in the fee. Granted we are not talking huge sums of money here - there are about 17 double lots out of 330 lots.
I guess my quandry is that the covenants do specifically state that maintenance fees are per lot. But they also say that the Developer can establish fees different from others, etc. Additionally, the signed contract is binding and the residents have been paying the fees for as much as 10 years, certainlly setting a precedent. We will be amending our Bylaws and Covenants later this year and I see a big fight ahead. I would like to prevent the inevitable animosity and ill-will this argument is going to cause in the community. Has anyone come across this before and if so, how did you handle it?