Q: Are HOA's allowed to change the rules so my house built on two merged lots will have to pay two HOA dues when resold?
A few years back the HOA allowed people to merge lots together where the merged lot would only pay one HOA dues instead of two. Recently, they changed the rules and now everyone who merged lots in the past still only have to pay one HOA dues; however, if they sell the lot/residence then the new owner will have to pay two HOA dues instead of one. I built a home on two merged lots (and I was required to merge the lots with the county too), and now if I sell my home the HOA is saying that the new owner will have to pay two HOA dues to live at my home which decreases the resale value of my home significantly. Are HOA's legally allowed to do this?
A: Yes, there was a court case years ago that ruled homeowners who had one house on two lots were still required to pay two assessments and that holding them liable for just one assessment violated the Declaration of Covenants, Conditions and Restrictions.
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