Is it legal for your HOA to charge owners a move out fee when they sell?

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Is it legal for your HOA to charge owners a move out fee when they sell?

I’ve sold my condo and my association wants to charge a move out fee. This
is something they just decided to do in the past year. I cannot justify paying
anything to move out a sofa, a bed and a dresser, I’ll be out in probably 20
minutes. Can I leave without paying a fee?

Asked on January 6, 2017 under Real Estate Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Look to the HOA agreements and other documents empowering, estabishing, regulating, etc. the HOA. If those documents give the HOA the power to do this, they can, no matter how unfair it is, assuming that they followed all the rules or requirements (e.g. if it required an HOA resolution or new HOA rules to be put out, they did so properly). If the documents don't empower them to do this, or they do, but the HOA did not follow the correct procedures, they can't. It all comes down to what authority the HOA was given and how they exercised it.


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