Salt Lake City, UT asked in Real Estate Law for Utah

Q: Amberley Condominiums in West Jordan wants to increase HOA fees next year from $200 to $300.

They justify the increase in a study carried out to make future repairs, however, families in this pandemic are unable to pay that increase. Is there any way to prevent this increase?

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1 Lawyer Answer
Kenneth Prigmore
Kenneth Prigmore
  • Spanish Fork, UT
  • Licensed in Utah

A: HOAs are designed to get a particular result in the neighborhood: everything looks nice, nothing seems out of place. If you every disagree with the HOA, and you can't get enough people in the HOA to vote to do things your way, then you are stuck. Many HOAs cycle through power struggles similar to national political parties. Once someone new gets elected, they may change things to go their way, either through changing the rules, or by refusing to enforce rules they don't like. You can get rid of an HOA, but you have to follow the rules. If everyone agrees to do so, the rules can be changed. Some HOAs allow rule changes with a simple majority vote. Review your HOA rules to see what your options are. They may be posted on a website, or recorded with the county recorder on your property, or you may have to ask for a copy of the rules from whoever is in charge to prove their ability to be in charge.

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