Question:
is it legal for an HOA to only charge an assessment to part of the community?
Our community of condo’s has some chimney damage on some units but not all of them. It appears that the HOA is charging an assessment based on the fact that they say the property has not been maintained properly the for “last several years,” so now the damage needs to have an assessment to pay for the costs. However, it appears they are charging the assessment only to those members that need to have repairs . We ( those of us needing repairs) are all being charged the same amount even though some chimney’s are needing total replacement and others only need flashing around the chimney.
Answer:
Hi,
Kindly check your governing documents to see how limited common elements should be maintained and paid for. In many instances, associations are allowed to assess only the unit owners who benefit from the limited common elements. Meanwhile, unit owners who do not access or benefit from those limited common elements do not need to be assessed. However, there are also exceptions to this so it’s best to review the governing documents.
Regarding the assessments being equal for all unit owners with damaged chimneys, the governing documents may also indicate the calculation for limited common elements. Kindly review the provisions for this as well. If the association is not following the calculation indicated, you may raise this with the HOA board.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
