Should an Owner in NY Pay Dues for a Common Area They Don’t Use?

Question:

Our HOA consists of 18 houses on a cul de sac with a private beach and marina at the end of the block. There are 5 houses that do NOT own boats slips in the marina, yet the non owners are forced to pay the same amount on a monthly basis as the boat slip owners. We have brought this point up to the board multiple times about this being unfair but our president is a boat slip owner and benefits from us paying for something we don’t own. We don’t see why we should have to pay for the maintenance of a marina for which we have no use of. Our president says we ‘are allowed to walk on it’ therefore we should all pay the same. Is she right?

– Donna

 

Answer:

Hi Donna,

When you buy a home in a planned development, you agree to all the terms and conditions of the association’s governing documents. This includes the obligation to pay all dues and fees assessed by the association. This obligation is not dependent on how much or how little you use the common areas.

That being said, many associations have their own way of computing dues and dividing expenses among homeowners in the community. You will typically find this information in the community’s bylaws or CC&Rs.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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