Q: My HOA is asking for a special assessment because they list a suit.
My HOA sued some homeowners and settled the suit and the case is sealed and won’t disclose who is being paid. They want a special. Assessment of $1000 from each lot homeowner. Is this legal.
A:
As you may know, when you buy into a development with a Home Owner's Association ("HOA"), you move-in agreeing to the terms of the HOA. The terms may change over time. But that is only done by the HOA board or other managing body.
Thus, you are stuck with the HOA rules by law.
However, in a situation like yours, you need to get a copy of the current rules and regulations of yoour HOA. Once you have that, you should be able to review the rules and obligations of the HOA. If the HOA wants you to pay a Special Assessment, then they must have had a hearing on the issue, or made the assessment by the rules. If they did not follow the rules, you do not have to pay.
A word of caution: If you think you do not have to pay, I would still see an experienced lawyer with HOA issues and show them the rules, and the letter you received with the assessment. Sometimes the HOA rules are tricky, or poorly written.
Good Luck!
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