common areas

Started by RhondaC3 • 3 replies • 238 views

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RhondaC3 (Massachusetts)
Posts: 1

Posted:

The property owners association owns no property and the common areas are not defined on the original plats or deeds. Is this association legally able to collect dues?

TimB4 (Tennessee)
Posts: 21,059

Posted:

The authority to collect fees/assessments/dues would be within your governing documents.

I personally live in a development with zero common area, zero amenities.
The Association does collect assessments as outlined in the covenants.

Please note that common areas are not always identified as such on PLATs.
Any land within the development that is not within individual lot boundaries and not defined as county/city (roads as an example) would be considered common area for the development.

MichaelS56 (Minnesota)
Posts: 858

Posted:

Same in Minnesota Tim

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By RhondaC3 on 02/14/2025 12:26 PM
The property owners association owns no property and the common areas are not defined on the original plats or deeds. Is this association legally able to collect dues?

The authority to collect assessments has nothing to do with owning common areas. An HOA that enforces a declaration and rules needs to have directors and officers insurance and has to have funds for an attorney.

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