Membership vote for discount?

Started by TerriS6 • 13 replies • 143 views

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TerriS6 (California)
Posts: 3,284

Posted:

Can a membership vote to amend CC&Rs to give a few homeowners a discount in assessment? Where the few are part of the development but on a public road and never use the private roads? No other amenities.

TimB4 (Tennessee)
Posts: 21,059

Posted:

The membership can vote to amend the covenants in any way they wish providing it does not conflict with applicable federal, state or local law and codes.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Lots of condos have differing assessments for different units so the general concept is not unusual. I don't recall ever reading here where an HOA did something similar for lots not using the roads, but assuming there is no CA law against it, it seems like it could be possible. I could be wrong, but I would expect that most of the road using members would not vote in favor of a change that would cost them more money though.

Escaped former treasurer and director of a self managed association.

TerriS6 (California)
Posts: 3,284

Posted:

It's just that 6 or 7 houses are on the perimeter of the development on a busy public road. And the road to the mailboxes is county maintained. So they get zero benefit from our private roads.

ElleN (Idaho)
Posts: 1,334

Posted:

The courts say amendments have to pass a reasonableness test. By my reading ng if the case law, changing the assessment to benefit some owners fails this test.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By TerriS6 on 03/20/2025 10:25 AM
Can a membership vote to amend CC&Rs to give a few homeowners a discount in assessment? Where the few are part of the development but on a public road and never use the private roads? No other amenities.

Good luck convincing a super majority of your owners to agree to paying more to allow the “few” to pay less.

TerriS6 (California)
Posts: 3,284

Posted:

Ours is a simple majority.

KerryL1 (California)
Posts: 14,550

Posted:

"Simple majority" for CC&Rs, Terri?. The "few" would no longer pay to contribute to reserves for this component., how much would they "save a month or year?

Wih he really important tsutfu going on in your HOA, why focus on this?

TerriS6 (California)
Posts: 3,284

Posted:

Would you want a board member who can only focus on one thing??

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By TerriS6 on 03/20/2025 4:17 PM
Ours is a simple majority.

Why wouldn’t all the owners not driving on the HOA roads not get a discount such as owners who don’t own a car?

Would the few with discounts be prohibited walking or driving on the HOA maintained streets? If this were a pool the HOA would not give you a discount and still be allowed to use the pool.

TerriS6 (California)
Posts: 3,284

Posted:

No pool

JackS20 (North Carolina)
Posts: 271

Posted:

sure if those few owners want to pay the lawyers fees to amend documents which are probablay $2000 to $5000 and would negate and savings.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By TerriS6 on 03/21/2025 5:29 AM
No pool

No I get it, but just like the owners with road frontage access that don’t use the HOA roads, I am an owner that doesn’t use the pool.. I want a discount.

All the owners are part of the HOA. They all have to pay their share regardless of what they use.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Was there a planned amenity that those non-HOA road homeowners were supposed to share in yet it didn't get installed? I don't see how they're billed for a street they don't use and how that was in the original development plan. Also, why would anyone buy a house with this kind of HOA mandate applied? After all, the owners opted-in to pay HOA dues for private streets, so there's no reason for the HOA to carve them out.

But, if there was something that was supposed to be installed, that benefited these homeowners - and it never was installed - there'd be a good case to let 'em go.

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