Can a private business legally get fees from homeowners in addition toits HOA fees?

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Can a private business legally get fees from homeowners in addition toits HOA fees?

Our HOA board passed (by very questionable means)fees in addition to our HOA fees to provide the privately owned golf course in our community income lossed due to the economy.  This is to prevent them from closing. The homeowners were given a deadline to vote on this matter, they extended the deadline because not enough votes to pass. After it was passed we found out votes were counted twice and no’s turned to yes. Can the golf course owner place a lien and foreclose as threatened if I pay HOA assessment but not the golf course assessment? This was an underhanded deal for all homeowners in my neighborhood.

Asked on January 28, 2011 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to immediately seek counsel, along with the others who voted no. Review your HOA bylaws and then talk to a land use lawyer who has experience with HOA issues to bring action.  The bottom line is you should not have to be paying extra fees. Your HOA fee should cover everything. You are not required to pay something that is the equivalent of a special assessment. Further, your lawyer may need to get the state's attorney general involved. The reason the attorney general would need to be involved is because HOA are considered non profit associations and most offices of the attorney general handle fraudulent or unethical activity conducted by such non profit associations.


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