Can they send me a bill for not volunteering?

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Can they send me a bill for not volunteering?

The HOA sent it’s property owners a bill called a maintenance fund. It states that there is not enough commenters so we are to pay this. If we adopt and clean a lot that is in bad need of

cleaning we don’t have to pay $144. I am disabled so I can not do the work. Isn’t that

discrimination? Can they do this?

Asked on July 21, 2016 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Homeowners are a completely different entity than governmental entities.  Their authority is derived from deed restrictions and meetings/by laws of the association.  As long as they don't target a specific group, then any rules they impose are permitted.  The rules that they have imposed place a financial hardship on those with limited time or funds... depending on which group a homeowner falls in.  However, the rule does not rise to the level of violating a federal discrimination law because it doesn't single out a particular group--either group is subjec to a potential hardship. 
Regardless, if you are not happy with the rule, then you can seek to be placed on the agenda at the next homeowner's meeting and ask for a change in the rules.  Many people are consistently frustrated by homeowner's associations and don't realize that they have a right to attend meetings, ask for changes, or even run for a board position.


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