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RobertG38 (Maryland)
Posts: 9
Posted:
I live in a 55+ community in Florida where the pool and clubhouse have been closed since October of 2020 for remodeling and to add a second pool for the third park they plan to open. We pay a lot rent monthly, we have been charged month after month for these services which we are not allowed to use and were told there will be no credit issued because they don’t have to.
Is this legal to charge for services not rendered?
BarbaraT1 (Texas)
Posts: 821
Posted:
HOA assessments are not fees for services rendered. They are each owners contribution to the maintenance needs of the common property.

Yes, it's legal.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By RobertG38 on 08/08/2021 6:30 AM
I live in a 55+ community in Florida where the pool and clubhouse have been closed since October of 2020 for remodeling and to add a second pool for the third park they plan to open. We pay a lot rent monthly, we have been charged month after month for these services which we are not allowed to use and were told there will be no credit issued because they don’t have to.
Is this legal to charge for services not rendered?
I think the premise of your question is not valid. To determine whether you are getting all that you are paying for, I would have to see the monthly profit-and-loss statements; the balance sheets; and the most recent reserve study (completed in the last five years).

One's monthly assessment ordinarily should include contributions to the HOA/COA's reserve fund. A reserve fund is savings for big ticket items that age and will need replacement down the road. Hence one is not going to see services et cetera reflected immediately for every dollar paid to the HOA/COA.

Not maintaining an adequate reserve fund is dangerous, both to infrastructure and to the financial health of the HOA/COA (so the HOA/COA does not have to all of a sudden impose an enormous special assessment on owners who of course are not saving for same).
DouglasK1 (Florida)
Posts: 2,046
Posted:
Robert said they pay a monthly lot rent, this might not be an HOA, possibly an RV or manufactured home park.

Escaped former treasurer and director of a self managed association.
RobertG38 (Maryland)
Posts: 9
Posted:
Quote:
Posted By RobertG38 on 08/08/2021 6:30 AM
I live in a 55+ community in Florida where the pool and clubhouse have been closed since October of 2020 for remodeling and to add a second pool for the third park they plan to open. We pay a lot rent monthly, we have been charged month after month for these services which we are not allowed to use and were told there will be no credit issued because they don’t have to.
Is this legal to charge for services not rendered?

The property I live in is run by ELS. They charge a monthly lot rent for care of the property and amenities that they are supposed to provide which they are not. This is a combination of modular homes and trailers.
My question is are they allowed to keep charging for services they no longer provide.
The hoa is voluntary and has nothing to do with the amenities.
The hoa here is as useful as a screen door on a submarine.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
How do you expect them to pay for the remodel and the additional pool, both of which you will ultimately benefit from, if they lower the rent now?

Would you rather they lower the rent fee now and then jack it up sky high later after the work is done to recoup the money lost from temporarily lowering the fee? Either way, you are going to pay for it. Also, if you are going to fight this how much of a reduction have you calculated that you deserve?
BarbaraT1 (Texas)
Posts: 821
Posted:
Quote:
Posted By RobertG38 on 08/08/2021 3:14 PM
Posted By RobertG38 on 08/08/2021 6:30 AM
I live in a 55+ community in Florida where the pool and clubhouse have been closed since October of 2020 for remodeling and to add a second pool for the third park they plan to open. We pay a lot rent monthly, we have been charged month after month for these services which we are not allowed to use and were told there will be no credit issued because they don’t have to.
Is this legal to charge for services not rendered?


The property I live in is run by ELS. They charge a monthly lot rent for care of the property and amenities that they are supposed to provide which they are not. This is a combination of modular homes and trailers.
My question is are they allowed to keep charging for services they no longer provide.
The hoa is voluntary and has nothing to do with the amenities.
The hoa here is as useful as a screen door on a submarine.

This is an HOA forum so we are going to ask you HOA questions.

If you're asking if you have to pay rent on a mobile home lot, this may be more like landlord/tenant law. You might want to do some googling on your state laws in that area.
RobertG38 (Maryland)
Posts: 9
Posted:
Quote:
Posted By BarbaraT1 on 08/08/2021 4:07 PM
Posted By RobertG38 on 08/08/2021 3:14 PM
Posted By RobertG38 on 08/08/2021 6:30 AM
I live in a 55+ community in Florida where the pool and clubhouse have been closed since October of 2020 for remodeling and to add a second pool for the third park they plan to open. We pay a lot rent monthly, we have been charged month after month for these services which we are not allowed to use and were told there will be no credit issued because they don’t have to.
Is this legal to charge for services not rendered?


The property I live in is run by ELS. They charge a monthly lot rent for care of the property and amenities that they are supposed to provide which they are not. This is a combination of modular homes and trailers.
My question is are they allowed to keep charging for services they no longer provide.
The hoa is voluntary and has nothing to do with the amenities.
The hoa here is as useful as a screen door on a submarine.


This is an HOA forum so we are going to ask you HOA questions.

If you're asking if you have to pay rent on a mobile home lot, this may be more like landlord/tenant law. You might want to do some googling on your state laws in that area.

I apologize for bothering all of you. Take care

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