Government Payment of HOA Fees

Started by KristinV • 6 replies • 159 views

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KristinV (Florida)
Posts: 1

Posted:

Recently, our HOA was notified that the county purchased two lots for "open space" but they are not deed restricted as such. The county is refusing to pay the HOA fees. Thoughts?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Need to talk to an attorney.

KerryL1 (California)
Posts: 14,550

Posted:

Agree with Tim

TimB4 (Tennessee)
Posts: 21,059

Posted:

AI response on internet search about the issue:

If the State of Florida acquires a lot within an HOA for a governmental purpose, such as building a public facility, it's likely the property would be exempt from standard HOA assessments due to the governmental property exemption from ad valorem taxation.

Again, you need to talk to an attorney

DeanJ
Posts: 1,786

Posted:

I agree the HOA needs to speak to an attorney. There was basically a contractual agreement in place that potentially would have produced over 50 years $100,000 for HOA infrastructure. The sale without compensation to the HOA was basically a seizure.

TerriS6 (California)
Posts: 3,284

Posted:

Go to county offices and county recorder for copies of transaction documents. Highly unlikely they would be exempt.

DeanJ
Posts: 1,786

Posted:

The HOA had a contract providing revenue from the lots. If the local government did not compensate the HOA in the purchase, this may be a 5th amendment violation regardless of state law.

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