The HOA dues for my condo are going from $125 per month to $500 per month, is that legal?

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The HOA dues for my condo are going from $125 per month to $500 per month, is that legal?

Do I have any recourse? if so, what?

Asked on March 28, 2011 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As a general matter, HOA fees can increase as long as they do so at proper times--e.g. if there's a year-long agreement each year on the fees, they could only be increased after the year is up. There also is no set limitation on how much they could increase. If you believe that someone on the board or HOA association stealing or misppropriating the money, you may be able to bring a legal action; also, if the fee increase was not determined properly under the various agreements govering the HOA (e.g. if it had to be subjected to a community-wide vote, and was not), you may be able to challenge it. However, apart from procedural or substantive impropriety, it would be difficult to challenge, since HOAs have very wide discretion under the law on setting fees. You should look to your documents and agreements to see if there any limitations in them, since if there are, those limits are enforceable.


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