Q: Can an HOA establish a re-occurring fee for owners who lease for damages to common areas?
By-laws state Board can create rules and regulations for the use of the common areas and facilities, member conduct, and infractions. Board adopted a yearly leasing fee for owners who lease for damages to the common areas incurred by tenants or occupants of the neighborhood . The common areas aren't useable (woods and entrance) and there aren't any facilities owned by the HOA. Part of this fee also pays the property management company. This fee is in addition to the HOA fee.
Is it legal to have leasing owners pay for damages that haven't occurred and could be at the hands of anyone? Non leasing owners don't have to pay anything over their HOA fee.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
