Lot fees

Started by AlisonS3 • 6 replies • 102 views

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AlisonS3 (North Carolina)
Posts: 2

Posted:

I'm looking for answers, so I am hoping you can help. I live in NC. Our house was built in 1982. The original owner bought 2 lots. Our house sits on 1 and the other is Our front yard. As I researched, the 2 lots were surveyed in 1979 and made into 1 lot. We pay nearly 2,000 a year for each lot. When I asked the hoa if I could sell our front lot they said no. Then looking at everything closer, I realized we pay taxes as they are 1 lot and the GIS has both lots combined as 1 lot. If the craven county GIS and government sees us having 1 lot, how can the hoa still charge us 2 lot fees?

DouglasK1 (Florida)
Posts: 2,046

Posted:

You need to read your CCRs or other governing documents. In my association, the docs clearly state that dues/assessments are based on 72 lots as originally platted. The local government may allow you to combine lots for their purposes, but in our association, you would still owe dues on both lots.

Escaped former treasurer and director of a self managed association.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I do think that the HOA needs to be consistent, though.

If it's one lot, then you can't sell off part of it but you pay one assessment. If it's two lots, you pay two assessments and two property tax bills but you ought to be able to sell the second lot (assuming this doesn't cause problems with things like lack of utility access).

I bet the CC&Rs were never amended to take into account the combined lots, which is why the HOA appears to be stubborn - they have to go according to what the CC&Rs say. If this grinds your gears, you may want to talk to an attorney about getting things corrected. You have to decide for yourself whether this makes sense financially.

DeanJ
Posts: 1,786

Posted:

Complex issue. Are all lots charged a simple per lot fee regardless of size?

Was lot 1 and 2 deeded as one lot at the time it was transferred to the buyer from the developer? If so, it is likely you not sell lot 2 and the HOA can’t charge for lot 2.

This is what courts are for.

AlisonS3 (North Carolina)
Posts: 2

Posted:

Thank you everyone for your response to this. I do believe at 1 time it was 2 separate lots, in the 1960s. It was then surveyed and made into 1 lot. We pay hoa fees on each lot of 2,000. That's 4000 a year. I do agree that the hoa can't keep me from selling the front lot, but they are. It is a corner lot so it doesn't impose on any utility access by any means. But that's my biggest question.... I pay taxes as it's 1 lot. But the hoa collects on it like it's 2 lots and says I can't separate them. They even said the lots were surveyed and made into 1 lot..... it is very conflicting. I have reached out to several attorneys with no response.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By AlisonS3 on 02/19/2025 12:55 PM
Thank you everyone for your response to this. I do believe at 1 time it was 2 separate lots, in the 1960s. It was then surveyed and made into 1 lot. We pay hoa fees on each lot of 2,000. That's 4000 a year. I do agree that the hoa can't keep me from selling the front lot, but they are. It is a corner lot so it doesn't impose on any utility access by any means. But that's my biggest question.... I pay taxes as it's 1 lot. But the hoa collects on it like it's 2 lots and says I can't separate them. They even said the lots were surveyed and made into 1 lot..... it is very conflicting. I have reached out to several attorneys with no response.

If you do find an attorney, the first thing they would probably do is spend several billable hours reading over your CCRs and other governing docs at $350 or more an hour. Do you have a copy of those docs? Have you read them yourself to see if they say anything about joining lots?

Escaped former treasurer and director of a self managed association.

TimB4 (Tennessee)
Posts: 21,062

Posted:

In my opinion, the HOA can not have it both ways.

If they say that there are two lots, you as an owner can pay to restore the one lot back to the original two lots and then sell them individually.

You might need to have an attorney write a letter on your behalf.

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