What to do if I own rental property in a subdivision operated by a POA and now it wants and additional fee of $500 each time the property is rented?

I pay and annual fee and so does the renter, although the property is currently vacant. The POA (Property Owner’s Association) now wants and additional fee of $500 each time the property is rented; $200 is not refundable. Can this be legally stopped?

Asked on January 22, 2013 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The issue is whether the POA has the legal authority to demand this additional fee. That authority comes from the documents creating it and definiting its powers and rights. Review that documentation to see whether they explicitly have this power or at least have a mechanism under which they could give themselves the authority to assess this fee. If they do, you must pay it; if they don't, you should have good grounds to refuse to pay it and would seem to have a goood chance to  prevail in court if it comes to litigation.


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