Question:
We pay a monthly fee for lawn care. This past year we were assessed to fix the irrigation system that hasn’t worked right for years. We have been told we now need to pay a maintenance fee so it can be maintained. I don’t have a problem. However there are 14 homes who have never had the sprinklers, but have made the assessment and will be paying the monthly fee. Even though the covenants state that all must pay this doesn’t seem right. Can they be forced to pay for something they don’t have
– Shirley
Answer:
Hi Shirley,
It depends on your governing documents. Your CC&Rs should be able to tell you what the homeowners are responsible for paying and what the association is responsible for paying. Common area maintenance, for instance, typically falls under the HOA’s responsibility, which means the expenses are shared by all homeowners. For limited common elements, as in those that are used by more than one but less than all homeowners, the responsibility usually falls to the owners who use them. Make sure to check whether your irrigation system falls under a general common element, a limited common element, or some other type.
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