Enforcement of clause erroneously omitted from Master Agreement

Bruce,
Are you saying the Master deed did not consider some other property and at some later date after the association was operating this property was added, There was a legal agreement and provisions added to the Master Agreement and registered in the courthouse, but it neglected to provide notice the collection of some kind of special fees this property was to be assessed? The developer, at some later point said it was a Lifestyle property and disclosed in the estimated costs the amount of the extra monthly fees for being "lifestyle" (whatever that means). Now, at what point did we shift from Oral to Written communication? So do we now have the property incorporated into the old property Master deed, but you have no written provisions registered in your documents that specify this assessment for this "life style" property?

If all this is correct, you can't assess any property different than another. Even if your documents would allow for special treatment as far as assessments are concerned, it must be a law, which means it must be a legal registered part of the Documents.

The above assumes the developer is no longer in the picture. It's possible his "he said" could be accepted by the courts, but not likely and it still would not negate the demands of the governing documents. As you know, your documents can be amended. You need to find out how this is done and if you can do it for the reason you want, or seem to want. I will add his property can receive no special consideration as far as services provided by the association. If there are services that do not reflect the same services throughout the association, right now, it would appear up to these private homeowners to provide them, and this is common because many HOA's has areas that are deemed private residential areas (or something) and services are provided by these Hoa's within an Hoa. They also assess for these services.IMHO

The HOA has been turned over by the developer. A builder had bought some lots to create the "lifestyle" section but the builder thought the developer inserted the language and the developer thought the builder did, but it was never inserted. The HOA lawyer acknowledges that there was nothing in the the agrrement because of the error; but has stood by his position that anyone not paying the "lifestyle" fee will have a lien placed on their property. The directors agreed. This gets worse because the original bylaws said the annual meeting quorum is "fifty percent (25%)" which was listed as "twenty-five (25%)" on the copy placed on the HOA website; but when we tried to have a meeting the 50% was enforced so we have not had an official meeting for two years due to lack of quorum. The HOA just wants to shift the legal burden to the residents that oppose the "lifestyles" designation and fees.