Retroactive HOA Fees and Same-Family Board Members

Question:

1. Annual HOA meeting took place in February and a increase in association fees was agreed upon. Can association fee increase be charged retroactively starting January?
2. Two family members own two separate units. Can both of them be members of the Board?

– Iwona

 

Answer:

Hi Iwona,

  1. It may depend on the governing documents. Kindly check the governing documents to verify whether fee increases can be implemented retroactively or if there are provisions against it.
  2. This also depends on the governing documents. The governing documents will indicate qualifications and whether there are restrictions regarding multiple members of the same family serving on the board.

For further guidance, kindly consult a lawyer.

 

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

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