Condo Fees, Condo Assessments: HOA/Condo Rules and Your Rights
By Dr. Joyce Starr | June 1, 2009
Filed under Condo - HOA Fees, Condo - HOA Rights, Homeowner Rights
Condo and HOA rules on homeowners association fees & homeowners association assessments. Who controls condo/HOA financial decisions?
I receive weekly questions from condo association and HOA members regarding condo rules, condo fees and condo assessments.
These questions are answered in detail in our Homeowners Association Defense Kit or in specific special reports offered on StarrPublications.com. Answers may differ depending on your condo association documents or HOA documents, your state and of course, your personal situation.
The problem arises when condo association or HOA members are already involved in a bitter dispute with their condo board or HOA board over failure to pay condo fees or condo assessments – and when a simple black and white answer will not suffice.
At this point, we typically move into a one-hour consultation. In 99 percent of the cases, an hour is sufficient to address – and often put an end to – the problem.
Here is a short list of common questions on HOA/condo association rules and HOA/condo association policies on fees and assessments. You can find the answers here:
- Condo Associations: How are condo associations and HOAs established and managed?
- Condo Rules: Who approves condo association financial decisions?
- Condo Association and HOA Fees and Assessments: What are condo and HOA policies on fees and assessments?
- Condo Fees: Are condo boards and HOA boards required to collect condo fees when the amount is in dispute?
- Condo Budgets: What are the budget responsibilities of the condo Association or HOA?
To your condo rights and HOA rights.
Learn how to protect your homeowner rights here.
I pay condo fees that is to cover water, sewer, trash, landscaping, mowing and maintaining upkeep of the outside. I have lived in my condo 10 years but no landscaping has been done. We were told they do not have the money, and if we plant, we have to maintain – which is OK, since they don’t. I spent a lot of money on landscaping and maintain it beautifully, but a new board member came on and cut down some of my shrubs, rose bushes and also two beautiful shrubs next door that had been there for years. He says he has the right to do that even if though they don’t do any landscaping. I am appalled at he situation and don’t think it is fair. He says any Board Member has the right to do this
Wilma » It appears that your Association originally controlled landscaping. The Board charged owners for a service they didn’t fulfill, (which suggests that someone pocketed the money). However, the Board has a legal obligation to warn you in writing about planting shrubs if this is not permitted. Based on what you wrote, you received no warning letter. If the new Board member claims or admits that the Board knew nothing about his/her actions, you might file a complaint against this individual with the police. If he/she claims Board approval, consult with an attorney about taking action against the entire Board. The legal fees will escalate, but t you might just win. Is it worth the money, stress and emotional effort? Only you can answer that.