Q: Is the owner of vacant lots in an HOA subject to the same assessments as the developed lots in the development?
HOA was never finished. The remaining 70 lots were purchased by an individual. Instead of paying dues for each lot, he pays for them as phases (Phase 3, 15 lots, $127 total instead of $1,905 total, $127 for each lot within that phase). CC&RS define a lot as any real property designated by a number on the subdivision map with or without improvements and assessments as any assessment made against the owner and their lot. The property manager and board members do not believe those parcels to be apart of the association and subject to individual dues until the first house in that phase sells. However, there is no mention of phases and their subsequent development within the CC&RS.
Would this mean that the owner of the remaining lots is subject to HOA dues for each individual lot he owns as they are considered real property as defined in the CC&RS?
A:
It depends on the HOA covenants and conditions. You should take all relevant documents to a good Real Estate attorney in your area for a consultation. It sounds like the developer is not pulling his weight but he may be allowed to under the HOA documents.
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