QUESTION
Is it legal for the board to change HOA dues for some units by revising CCRs?
Asked on Mar 05th, 2014 on Litigation - California
More details to this question:
Can the Board change the HOA dues for owners in one building because it has an elevator? There are half the owners/members who live in the other three buildings. They are trying to increase the dues for owners in the building with an elevator by revising the CC&Rs. Is this legal? What can be done to stop this?
3 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to look at the CCRs to see what authority the board has. I suggest having them reviewed by a local real estate attorney to see if the board has that right. If not, you might want to seek an injunction.
Answered on Mar 06th, 2014 at 2:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to have more details before I could form a firm opinion. Generally, if one building has and amenities such as a elevator which is exclusively used in that building that it would not be unusual, or unreasonable, that the investment and maintenance be assessed against that building and those units only.
Answered on Mar 06th, 2014 at 2:15 PM
You will have to check your Bylaws for rules to amend CC&Rs, but generally they may be amended. If there is a rationale for charging more (elevator) then it is likely this is a reasonable and legal act. It is common for different types of units in the same complex to have differing HOA dues.
Answered on Mar 06th, 2014 at 2:11 PM