Q: Our HOA has changed the annual $249 fee to being a monthly fee at a mtg in December. No warning. Is this legal?
The fee was changed from being annual to monthly. There was no warning this was being voted on by the HOA. The reason is to encourage people to build on their land. I have requested the meeting minutes an the names of the HOA many times and have been ignored. A month before the meeting where the fees were increased, we received a very low offer on our land lots, which we rejected. The same person then reached out to us again with the same very low offer in January after we had been advised about the change in fees. I've since found out this person is also an officer of the HOA. As a result of the increased fees we have been forced to sell the 2 land lots we own as we cant afford the fees.
I have two questions: 1. can the HOA change the fees so significantly? Arent they non-profit organisations? Shouldnt we as owners have a say? 2. Isn't there a conflict of interest with a HOA director increasing the fees and then using that position to buy the the land at reduced prices?
A: It depends on the language in your HOA documents, which we cannot review in this online forum. If there is no cap on increases, the HOA can increase the amount as much as it needs to but it has to be a good faith estimate of the HOA expenses.
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