Tubac, AZ asked in Real Estate Law for Arizona

Q: Can an HOA charge homeowners a fee, in addition to the HOA fee, for the upkeep of the community pool and gym?

We live in an HOA community. They have written into every house sale contract an obligation to pay $100+ a month recreation fee. This is entirely separate from the HOA fee, which is more, and goes for the upkeep of the swimming pool and the exercise room. My husband is 80 and I am 77 with severe arthritis in my shoulders and spine and Parkinson's disease. Neither of us can use either of these recreational facilities. The fee we pay for them (and it's always increasing) makes it extremely difficult for us to manage on our social security payments, which are our sole source of income. Is there any way we could force the HOA to excuse people like us from the obligation to pay the recreational fee?

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