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JudithC (Virginia)
Posts: 253
Posted:
In the back of my mind, I thought some municipality had a council that heard complaints about violations of CC&R's, state law, etc. when they could not be settled on the association level. I thought it was a county in Maryland, but have not been able to find any reference to it. I would think a council might be a bit fairer than an ombudsman.

Does anyone know of this or was it just a good dream I had some time? Does anyone know of any compilation of what various states have done concerning this issue?

Thanks ---
JeanneK3 (Maryland)
Posts: 562
Posted:
Not a dream. It's Montgomery County, Maryland. Here's the link http://www.montgomerycountymd.gov/ocptmpl.asp?url=/content/ocp/consumer/comm_ownership_law.asp
Since the commission is made up of primarily industry attorneys and managers with only a few homeowner representatives, there's a difference of opinion as to how successful it is.
JudithC (Virginia)
Posts: 253
Posted:
Jeanne, thanks, I had thought it was Montgomery County but when I went to their website I saw that it said to contact consumer affairs if you had an association question. So, I thought I must be in the wrong spot.

Is there anything written on how successful it has been? It seemed like a good concept. Doesn't MC also give a tax break if you have to maintain your own roads? The council doesn't sound like a great thing for homeowners with managers on it (sorry, Roger and Gloria). I worked on the local chapter's publication for many years and the attorneys on the committee always seemed out to help and educate, the managers were something else.
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By JudithC on 08/16/2007 9:59 AM
....
Is there anything written on how successful it has been? It seemed like a good concept. Doesn't MC also give a tax break if you have to maintain your own roads? The council doesn't sound like a great thing for homeowners with managers on it (sorry, Roger and Gloria). I worked on the local chapter's publication for many years and the attorneys on the committee always seemed out to help and educate, the managers were something else.

Judith, the MC has nothing to do with taxes. I think such a council could be a great thing for homeowners and for mangers - no need to feel sorry for Roger and Gloria. We spend lots of time educating Board members as do HOA attornies who conduct seminars.
JeanneK3 (Maryland)
Posts: 562
Posted:
I don't know about the tax break but if you look around the site you'll find links to the Commission's newsletter and also summaries of cases they've worked with. One thing the Commission does do that I like is insist all disputes try mediation first. Only if mediation fails will they get involved.
JudithC (Virginia)
Posts: 253
Posted:
Roger,

I was apologizing in advance in that I find you and Gloria to be a different kind of manager than what I have run into.

Sorry my use of MC confused -- I meant Montgomery County. There is some county in this area that reimburses for governmental expenses that are taken on by associations. One of my big annoyances with local governments and associations is that the government gets the same amount in taxes and provides less services. Often associations maintain their own streets and sidewalks which is a very large obligation (and, private streets also means less police enforcement). There are a few forward thinking counties that reimburse for that amount, or a percentage thereof. I believe it is a basic unfairness for associations. Although I believe the governments maintain that because the housing density is greater, more services are being used that argument can go in all sorts of directions as more people are being taxed also. It is just that around here it is such a win-win situation for local governments to want associations no new houses are being built without them. This hurts associations also as definitely they get numerous people who do not really want to live in such a controlled environment. So, if government had to supply the same street, sidewalk, and police service or reimburse the association for picking up the tab on this -- perhaps there would be more freedom of choice in whether a homeowner were to live in an association controlled community or not.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
JudithC: Further to your comments about local government getting the same amount in taxes while providing less services for the community residents who must pay for 'services' in their association fee....

The winner here is the builder/developer as well as the municipality.
I believe when the developer goes to the local municipality to get clearance for a development, he 'promises' certain things to make it difficult for the municipality to say 'NO'--namely, streets which are not built to county code; therefore they must be maintained by the community residents. And, there are other perks as well.

So, all in all, the municipality gets their tax dollars while not having to pick up trash, clean the streets, or power the light posts, and the builder gets his dollars up front as each unit is sold...guess who is left holding the bag???
GloriaM (North Carolina)
Posts: 829
Posted:
Judith:

In working with your local goverment you could be successful in getting those tax breaks for either non-services provided to the HOA or getting your HOA tax exempt from paying taxes on common areas. I have been quite successful this year alone in getting tax relief for many of our communities saving them thousands of dollars a year.

It doesn't hurt to try, all they can say is no.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
GloriaM: We have posted this issue before and have asked how does a community go about doing this (ref: Municipal Services Act, N.J.)?

How have you been "successful this year alone in getting tax relief for many of our communities..."? Where do you start, who do you contact, what is the process? Many of us would really like to know how to start this ball rolling.
JudithC (Virginia)
Posts: 253
Posted:
Ditto Paul's request for how to accomplish this. In Virginia the roads are really state roads and somehow the county gets reimbursed somewhat for maintaining them (as I understand it, it is a strange setup).

Paul, I do agree that the developer gets his also. The thing that is maddening to me is that the substandard streets are approved -- ones the state would never take over, both by how they are built and the design. They claim no official street can have vertical on-street parking, for example. Glad to see someone else as annoyed with this as I am. I was on the CAI legislative committee for a while and from my constant complaining we did get a municipal services bill at least discussed at the committee level. The first discussion we had all the "big guys" wanted to drop street maintenance from the scheme, and it was. You see, it turns out most of the big associations had public streets, so why support something just because it would be fair? Everyone just seems to be out to get their own. They consistently lobby to get their rules applicable to the public streets going through their communities. I say if you want to apply private rules to those streets, maintain them.

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