Question:
I bought a piece of property adjacent to an existing gated community. I plan to develop the property. The existing POA says it has CCR control over the property and that I must get all approval from them on all items of development as well as any home construction. I have been informed they just passed a new bylaw requiring all new homes constructed pay a $2500 road repair fee. The existing phase is built out, only the newly formed lots of the new development would be assessed the new fees? How do I fight.
– Glen
Answer:
Hi Glen,
First, it is important to determine whether your property is part of the HOA or if there are restrictive covenants attached to it. You will usually find this out by contacting your real estate agent or the previous owner of the property. Your property title may also indicate it. You can also go to your local county recorder’s office to check the HOA’s documents, including the community plat. From there, you can determine whether or not you are truly subject to the HOA’s CC&Rs.
If you find that your property does belong in the HOA, then you are required to follow its rules, including any restrictions or covenants. HOAs normally have architectural standards that homeowners must follow. These standards dictate what you can and can’t do with your property. More often than not, HOAs also require owners to go through an approval process before undergoing any architectural modifications or improvements.
As for the road repair fee, it may be a special assessment. It is normal for an HOA to charge a special assessment, though your HOA’s governing documents should tell you if there are any limitations to this. Failure to pay this assessment could result in a number of penalties, including but not limited to late fees, liens, and foreclosure.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
