Different assessments for different categories

Our homeowner association has townhomes and single-family homes. On average, the single-family homes are more valuable, and we have an assessment rule that requires them to pay more than townhomes toward common expenses. It's only a few percentage points more, but they still complain and say we should all pay exactly the same, even though their homes are more valuable.

It seems to me that assessing the more valuable category of homes somewhat higher is reasonable and perhaps even the norm, but I'm having a hard time finding examples outside our development. Anyone with thoughts on this?

never heard of it.

Can you cite that section of your covenants (leaving out the name of the Association or it's location)?

In new communities like this that I'm familiar with (a mix of detached single family homes and attached townhomes) it is very common to have two different assessments: for example, all owners pay an annual assessment, and the townhomes pay an additional monthly assessment. This is because the townhomes are provided with additional services (grass cutting and snow removal) while the single family homes must take care of that themselves. The annual fee goes toward upkeep of the clubhouse and pool, which are used by all members, as well as the landscaping at the community entance.

** The reason this can happen is that the governing documents describe the two different classes of homes, along with their differing par value or percentage of ownership. ** They are legally two different things, even though they're part of the same community.

The OP should read through his community's governing docs, especially where it talks about percentage of ownership as well as any sections on assessments. This will tell him what they can and cannot do.

If the two sections are given different levels of services paid for by assessments, then it makes sense to assess more to those who receive more. For instance, does the HOA pay for grass cutting? Then it makes sense that single family owners pay more since they will have large yards and more landscaping than the townhome owners do.

So basically: you get more, you pay more. But the governing docs have to give the association the right to do this.

I think the only explanation the Board owes the complainants is as follows: If the HOA's Declaration specifies that the single-family homes pay more than the townhomes, then the only way to change this is by amending the Declaration. The Declaration will specify the procedures for amending. Else the Board's hands are legally tied on the subject.

Thanks for the responses. To clarify, the differential we're talking about here is after taking into account differences in services to the different types of homes; in other words, it is a difference in contribution toward maintaining the common areas. People here recognize that assessments are being done according to the formula in the Declaration, but some of the owners of single-family homes want to amend the Dec to shift some of their financial burden to the townhomes.

It's understood, as JohnT38 says, that all owners potentially make equal use of common areas, regardless of the value of their homes. Yet many common expenses are paid through property taxes rather than association assessments, and owners of more valuable property pay more. And in condominium associations, larger (or more valuable) condos pay more, at least here in Illinois. Differentiating contributions based on value, or a rough measure of value, seems to be fairly normal. I'm just curious to know how common it is among homeowner associations. I wouldn't expect any to assess on individual values of homes, but when there are distinct categories of homes and a disparity in value, a difference in contributions toward common expenses would seem to be in line with a more general norm.

No matter how you feel about it, it's basically set in stone. A large change like this typically requires 100% of membership to pass. Something I doubt the townhome owners will vote for.

This is a slippery slop to me. What comes next is I never use the Pool or the Amenities. I want to only pay for what I use. Trust me I have had this come to my Boards in Ca.

The quick answer is you bought into the community knowing what Amenities you were going to be responsible to maintain. When you sell your home the next buyer may buy it solely because of those Amenities.

I think the poster was making an analogy. Property taxes are based largely on the value of your home. The fact a single person in a large home uses the roads and other services much less than a large family in a small home doesn't matter. So the idea of assessments based solely on the value of your home is a common one when real estate is involved - it's not just HOAs that do it.

Hmm, our HOA assessments are based per originally platted lot, empty or otherwise.
You can combine adjacent lots into one lot but you will pay for two lots.
We have houses from just over 100K(grandfathered in)to a few in the 400-500K range.
Everyone pays the same and yes, I get the "we don't live there or use the amenities" excuse as well on a regular basis.