Increasing HOA fees to owners who also rent

Started by MarciaP2 • 4 replies • 1244 views

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MarciaP2 (Delaware)
Posts: 1

Posted:

We live and rent our home in a community of 21 homes. I am also on the HOA board. There are only 3 families that
> rent. A few years ago the community adopted a
> 5% community fee on rentals. We collect this from the tenant and then
> pay the HOA. We rent on a weekly basis during the summer season only. We are in a vacation area in Delaware.
>
> Now board members want to increase our Homeowner's fees to twice what it is now but only to the 3 owners who rent their homes. Is this legal? There are no rental restrictions in our CC&R's.
> Thanks in advance. -
-Marcia
>

GlenL (Ohio)
Posts: 5,491

Posted:

Frankly I think the 5% surcharge is improper but the answer to your question should be spelled out in your Declarations. Most CC&R's for stand alone homes specify that all assessments be the same for all properties.

Studies show that 5 out of 4 people have problems with fractions

SusanW1 (Michigan)
Posts: 5,202

Posted:

WHY? the different dues rate (not to mention the increase)

DonnaS (Tennessee)
Posts: 5,671

Posted:

Marcia,
I sure don't know about what Delaware says about association fees but in Florida, all members of an association are assessed proportionately on association dues. They basically are taxing you for having a rental unit and I do not believe that is kosher or even allowed but check your documents and State HOA laws.

KarenS11 (Florida)
Posts: 148

Posted:

Although you may not be able to charge a tiered assessment for owner-occupied vs rentals, you may be able to charge a security deposit each time the unit is rented.

If you want to increase the amount on rentals due to increased expenses associated with them (special pick ups when renters move out and leave debris outside dumpsters, etc.), this might be something to explore.

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