If we have a home that we own in a gated community, can they start charging dues on 2 unimproved lots that we own if we haven’t been charged before?

UPDATED: Dec 16, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 16, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If we have a home that we own in a gated community, can they start charging dues on 2 unimproved lots that we own if we haven’t been charged before?

We have paid dues yearly for our house which includes 2 extra lots that were grandfathered in with the property. The dues started at about $1000 per year and have gone up about $50 each year. We have been here about 10 years and never had a problem. We just got our bill for the year and they want an extra $600 for 1 lot and $55 for another lot. We were never charged exrta for these before in the 10 years we have lived here, this was all his included in the original dues. This is grossly unfair. Can they do this ? Is it illegal?

Asked on December 16, 2015 under Real Estate Law, Texas


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

Answered 7 years ago | Contributor

It is legal if your agreement with the gated community, homeowner's association, or other deed covenants authorize the charge.  Many people don't realize that once they move into a gate community with a homeowner's association that they loose many of the rights of due process they would have had in non-gated communities.  Just because a prior administrator chose not to enforce an agreement, doesn't mean that the agreement is no longer valid. 
However, if there never was a provision that authorized the charge, then they cannot collect the fee.  When the management calls you back, ask them what documents they are relying upon to impose the charge.  Request copies of the documents... and then have an attorney review the documents to determine the validity of the charges.  If the documents don't authorize the charge, they can also help you send a demand letter requesting that they cease collection efforts related to the charges.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption