My HOA is planning to raise our dues even though a couple of years ago, there was no plan to raise them for quite awhile.
I happen to know that based on what I have observed, I probably have the lowest monthly income of the people that I am friends with here. Can an HOA base the amount of dues based on a person’s income?
As per Section 47F-3-115(b) of the North Carolina Planned Community Act:
“(b) Except for assessments under subsections (c), (d), and (e) of this section, all common expenses shall be assessed against all the lots in accordance with the allocations set forth in the declaration. Any past-due common expense assessment or installment thereof bears interest at the rate established by the association not exceeding eighteen percent (18%) per year. For planned communities created prior to January 1, 1999, interest may be charged on any past-due common expense assessment or installment only if the declaration provides for interest charges, and where the declaration does not otherwise specify the interest rate, the rate may not exceed eighteen percent (18%) per year.
(c) To the extent required by the declaration:
(1) Any common expense associated with the maintenance, repair, or replacement of a limited common element shall be assessed against the lots to which that limited common element is assigned, equally, or in any other proportion that the declaration provides;
(2) Any common expense or portion thereof benefiting fewer than all of the lots shall be assessed exclusively against the lots benefitted; and
(3) The costs of insurance shall be assessed in proportion to risk and the costs of utilities shall be assessed in proportion to usage.
(d) Assessments to pay a judgment against the association may be made only against the lots in the planned community at the time the judgment was entered, in proportion to their common expense liabilities.”
As such, it is necessary to take a look at your declaration to see how dues are allocated among all the lots. If you live in a condominium, similar provisions exist under the North Carolina Condominium Act Section 47C-3-115.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.