Construction Fees

Started by LoringY • 3 replies • 1029 views

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LoringY (West Virginia)
Posts: 2

Posted:

A past Board set construction fees (Sq. foot charges) to help with expenses. Our gov. docs. were written in 1975 and do not address the issue, they don't say we can not set such fees and they don't say we can not. The Association is being challenged in court. Have other Association experienced any thing simular?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Loring,
My best bet is that the Association cannot just decide to add an extra fee for construction. It should have been an amendment to the CC&Rs BUT!! is this new construction or additions. Your association is rather old to have new construction so tell us what they are chargings fees on.

LoringY (West Virginia)
Posts: 2

Posted:

Our association is rural (mountains of WV) and the growth has been very slow. The fees are for new construction. We have over 2000 lots and presently only 500 single family homes. Our operation includes an Architect review committee who approve plans, issue building and occupancy permits etc. they serve as a planning and zoning department. We also have over 30 miles of roads part of the construction fee is to help offset the wear and tear on this roads etc. Thanks

PaulM (Pennsylvania)
Posts: 1,347

Posted:

LoringY: This is new to me, to have resident members of an Association act as officials in approving building plans, to issue bldg. and occupancy permits, and to act as planning and zoning department. Is all this legally allowed
under your state's regulations? Do your docs from 1975 dictate that the Association (as confirmed w/local officials) has the authority to render decisions such as these?

Since you find yourself being called into court, it would seem authority is in question.

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