AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.
azhoatruth@gmail.com
Login

Assessment for expenses homeowners cannot participate in

I own two lots in our HOA, one with my house on it, and one empty privacy lot. Our CCRs require the Association to Assess (as part of the annual budget/Assessment) for Septic inspections on the homes. A new contract was just signed by the board with a septic service provider and we will now be Assessed $200 per lot (Membership) as part of our annual Assessment. My empty lot obviously does not have a septic system on it, so I am paying in $400 and only getting $200 of benefit. That doesn’t seem right or fair. The HOA is profiting from this, keeping $200 of the $400 and not using that to pay the septic service provider. He only bills for the actual inspections he does.

Are there any laws or planned community acts that say the HOA can charge Assessments for things I am UNABLE TO PARTICIPATE IN?

Our CCRs define ’’Common Expenses shall mean the expenses of operating the Association.” Our CCR 8.1 says “Assessments shall be imposed for the purpose of paying Common Expenses and to establish reserve funds as hereinafter provided and shall be allocated equally among all Lots.” Since I do not own a septic system on my privacy lot, and since the HOA is not paying for a septic inspection of my empty lot (so my empty lot has NO OPERATING COST TO THE HOA), I don’t see how it is a “Common Expense” of the HOA. They’re clearly profiting off me.

Can you give me some suggestions or corrections?

Thank you

2 Responses

  1. Dennis Legere

    Fish7,

    If the association is only billed for septic systems inspected, then they can only assess you for one septic system. Contest the charge directly to the board. If the association takes on an expense like this for economies of scale they can only pass that expense onto the owner that use the service. This is not a common expense necessary to maintain the common area. it is totally different so while common expenses are payable irrespective of your use of the common area this is totally different. Your community manager s too stupid to figure this out so appeal directly to the board.
    Dennis

Leave a Reply