Question:
Our board tripled our marina fees this year and used the money to fund paving of a section of our roads so they did not have to take out a loan. This was at a cost of $400K
This was not discussed with the owners that lease a boat slip nor was there an assessment to the other homeowners who do not use the beach. Our homeowner fees do not include the beach. That money is collected specifically from those of us who have boats (20)
Can a board arbitrarily do this without getting feedback from its homeowners?
Thank you for your feedback
– Tina
Answer:
Hi Tina,
You should check your governing documents, specifically your CC&Rs and bylaws. These documents should tell you what authority and powers your HOA has in regard to raising fees and for what purpose. There may be provisions in place limiting the board on what it can use marina fees for, etc. There may also be notice requirements or voting requirements. However, it is important to keep in mind that not all HOA documents have these stipulations in place.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.