Common Area and Assessments

Does a BOD in an HOA have jurisdiction to discriminate against maintenance of a Common Area they deem 'less popular' while funneling the majority of assessment revenue into the the common area they deem 'more popular'?

The Covenants clearly state the HOA will maintain all Common Areas through the collection of annual assessment fees and all homeowners are obligated to pay set assessment fees regardless of Common Area use.

The HOA is suppressing the assessment fees and failing to collect enough revenue to cover maintenance for all community Common Areas. They are 'forcing' seven homeowners who use the 'less popular' common area to pay a monthly $150 fee, $12,600 annually, for the Common Area upkeep.

I have no issue with paying a fee for use of this Common Area. I do however feel the HOA should raise the assessment fees to ensure each homeowner is paying their share of the "Common Area" maintenance and improvements.

By doing this, are they not circumventing the Covenants by exempting themselves and other homeowners from paying for a Common Area they choose not to use?

After moving in, I became aware of this shadow arrangement that has been going on for years. It seems certain members of the community have been strong-arming the homeowners who use the 'less popular' (All woman I may add - real tough guys) with threats to tear down this part of the Common Area if they didn't go along. Needless to say, those days are about to end.

Clayton if these additional fees are for something that is open to all members at all times then yes the HOA should be paying for it from everyone's assessments. However if it is something with limited use like a boat dock i.e. only one boat can occupy a particular slip at any one time then the HOA is IMO within its bounds to charge a rental fee for an 'exclusive' use amenity.

Thanks for your response. I may have failed to clearly state my concern.

Our community has has two common property amenities. Both of these amenities area identified on the original plat as Common Property. The HOA was issued a single Warranty Deed for these Properties.

There are also 16 homes in the community that have granted Easement Agreements to the HOA as Common Property. The Easements clearly state the Grantee, (HOA), is responsible for all easement maintenance and repairs.

Then we have the Declaration of Covenants. The Covenants clearly define the Common Property and states the HOA will maintain all Common Properties, which will be funded by annual assessments levied evenly against all lot owners. The covenants also state "No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of Common Area."

As I knew prior to purchasing my home, the HOA charges $150 for use of one of the above Common Property amenities. What I didn't know is, the $150 monthly fee, $12,600 annually, being charged to the seven homeowners who use the amenity, is being used to pay for ALL the Common Property costs associated with this amenity.

It turns out the HOA is suppressing the annual assessment fees, they haven't been raised in six years, by requiring the seven homeowners to foot the bill for the full Common Property upkeep associated with this one amenity.

I sent an email to the Treasurer asking for an explanation. He\she actually admitted this was done because an undisclosed amount of vocal homeowners, who chose to move into a community this amenity was built around, complained they shouldn't be required to pay for Common Property expenses they don't care to utilize.

Therein lies my issue. I have no problem with being charged a 'reasonable' fee for use of the Common Property. But I believe the costs for maintaining all Common Properties should be collected through the assessments from each lot owner as stated in the Covenants.

It is my opinion that, this arrangement is a violation of the Covenants as it is exempting lot owners from paying for Common Property they don't use.

The seven members who use this amenity are paying a total of $2,025 for use of the community Common Properties while the remainder of the community is only paying $225. To really add insult to injury, the operating cost of the amenity the HOA is charging the seven members to use is half of what the other amenity runs.

Hi Clayton,

Please take a minute and explain to us exactly what this particular "amenity" you keep referring to is, and why do just seven members use it? If it's a common area, why doesn't everyone use it?

Is it the easement you mentioned that might allow access to just those seven homes? Is it a playground, a park, a pond, parking spaces, a boat dock? We have no idea what this "amenity" is, so it's pretty hard for anyone to offer any suggestions.