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JohnM79 (New Hampshire)
Posts: 23
Posted:
I am an owner at a condominium complex in which the majority of the units are rented as vacation rentals. Some owners rent their units on their own while others use a rental property manager. There is a rental desk for short term rentals.

A board member that does not rent his unit and has convinced the entire board to increase the lock box fee. The lock box fee was $60 per year and has increased to $300 per year which is excessive. The rental manager at the complex is not being charged for their lock boxes. The BOD's argument is that the rental manager pays a percentage to the HOA. The percentage is for the large office space and multiple storage facilities which the rental manager is given.

The condo documents do not address lock boxes or similar fees decided by the BOD. The fee was decided arbitrarily. Can this be done without a vote of the association?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
What is the lock box you are referencing? It could mean a few different things to some other people. Who actually owns these lock boxes? Is it the HOA or is it the individual? What is the fee for? A few more details needed before deciding who and how much should be charged.

Former HOA President
JohnM79 (New Hampshire)
Posts: 23
Posted:
The lock boxes are locates in the foyer of the building and are owned by the HOA. The lock boxes cost approximately $20 at Home Depot. I used the lock box to store lobby keys in case a guest forgets a key. I have a keypad lock on my unit door.
JanetB2 (Colorado)
Posts: 4,219
Posted:
If your Condo documents do not address the issue then you need to spend time and review your State Statutes: https://law.justia.com/codes/new-hampshire/2016/title-xxxi/chapter-356-b/

When you review your State Statutes ... keep in mind that your Governing Documents cannot violate your state statutes. In some instances you will have an HOA implemented many years ago with their CCR’s which potentially in past for example did NOT allow an owner to have a US flag on their property and which the HOA’s were going after the owners. Now many states under their State Statutes allow owners to have US flags on their properties and those LAWS will supercede the older CCR’s.

Also, keep in mind a “rental desk” or any ‘company” owning any such entity is NOT a MEMBER of your HOA!!! I would contend they should not be given any preference above and beyond any HOA Member. In the end if your members do not like what the BOD is allowing and/or charging the owners for any services ... the owners have the ultimate option to REPLACE the BOD.

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