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PeggyG (Delaware)
Posts: 5
Posted:
I thought impact fees were for developers for the infrastructure paid to a developer. We were charging a capitalization fee when a property sells, but for some reason they changed the terminology to an impact fee and I think this is misleading.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Did you ask the Board why the change in terminology?

If not, you should.

If you did, what did they say?
PeggyG (Delaware)
Posts: 5
Posted:
I questioned them as to why it was called an impact fee and they sent me an example that totally validated that it

An impact fee is for capital improvements . They read the example no further which proceed to say said it was capital improvements for the developer to pay the government for infrastructure . They then said they had already mailed out the ballot with the impact fee on it and it wax too expensive to correct. I think this is very misleading to the members.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Printing and postage can be expensive.

Are they willing to correct it in the future?

If so, issue likely resolved.

SheliaH (Indiana)
Posts: 6,964
Posted:
Who pays this fee and where does the money go?

I've heard of some communities where the seller or buyer pays a fee that goes into the reserve account. It helps the association keep up with regular deposits to help reduce the chance of new owners having to pay for major improvements that were used up by the previous owners (who were all for underfunding reserves because they figured they'd sell and be out before the caca hit the fan).

I don't know if that's what your board is trying to do - if so, they should have a clearer explanation. What did previous board meeting minutes have to say about this? Read them and see if the explanation was there. Have others asked the same question? If this impact/capitalization fee, or whatever it is is paid by the buyer, they might not care, or aren't selling their home at this time and will worry about it later.

Anyway, the board could send out a clarification or post something on the community website to save time. I'd include a history of how this fee came about in case people forgot or weren't paying attention.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By PeggyG on 07/08/2025 7:20 PM
I thought impact fees were for developers for the infrastructure paid to a developer. We were charging a capitalization fee when a property sells, but for some reason they changed the terminology to an impact fee and I think this is misleading.

Sounds like your board just made up a fee and applied it. Customarily a capitalization fee is only charged to the first purchaser of record and may not be charged to subsequent purchaser. It is usually specific in the declaration that it is a one time charge.

DeanJ
Posts: 1,786
Posted:
Quote:
Posted By SheliaH on 07/09/2025 6:15 AM
Who pays this fee and where does the money go?

I've heard of some communities where the seller or buyer pays a fee that goes into the reserve account. It helps the association keep up with regular deposits to help reduce the chance of new owners having to pay for major improvements that were used up by the previous owners (who were all for underfunding reserves because they figured they'd sell and be out before the caca hit the fan).

I don't know if that's what your board is trying to do - if so, they should have a clearer explanation. What did previous board meeting minutes have to say about this? Read them and see if the explanation was there. Have others asked the same question? If this impact/capitalization fee, or whatever it is is paid by the buyer, they might not care, or aren't selling their home at this time and will worry about it later.

Anyway, the board could send out a clarification or post something on the community website to save time. I'd include a history of how this fee came about in case people forgot or weren't paying attention.

Shelia,

My board discussed this issue. The logic is the original owners were required to pay a cap fee toward infrastructure. The problem in our community was the cap fee was insufficient to pay for infrastructure and the developer “advanced” funds that were paid as part of the normal assessments. While it would have taken owner approval, it was the boards the was board’s opinion that 2nd purchasers should be offsetting some cost paid by original owners.
SheliaH (Indiana)
Posts: 6,964
Posted:
Ah, yes, developers taking advantage (again)..

Personally, I think the second purchasers were hosed, but I also know having the owners approve this would have been difficult because no one wants to pay more when the developer should have set the fee properly from the start.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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