Question:
We have an HOA fee of $500.00 per month. There are only two units out of eight that are privately owned and pay that amount. The other six are owned by the corporation that owns the development which are rented as hotel rooms. The six units owned by the corporation pay only $400.00 per month and receive all the same benefits of the HOA as the two privately held units. Is it legal for them to charge less in fees for the Corporately owned units?
– Jim
Answer:
Hi Jim,
According to the Oregon Planned Community Act Section 94.704(5)(a), HOA fees are assessed based on the allocation stated in the governing documents. Kindly review these documents to verify how much each lot should be assessed, as some units may pay more than others based on access to limited common areas or unit size. The governing documents may also outline the developer’s special declarant rights. If the fees seem invalid, you may raise this issue with the HOA board or the developer. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
