Q: Can the developer institute an HOA fee without having an HOA? He owns 2/3's of the development.
Developer owns a majority of the development but wants to start charging an HOA fee, without having an HOA committee of homeowners. It seems as if he wants our money but wants to retain the decision making. Also, if he charges a monthly fee for HOA, should he be paying for his lots?
A: A planned unit development is usually regulated by a Master Deed or Declaration, which would show whether there is an HOA attached to the development, whether assessments can be charged, and how the amount of assessments is determined. You would need to look at that information, which is recorded in the county land records, to get the answer to your questions, and it may be useful to engage an attorney in your area to help you understand it.
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