Our HOA wants to increase our fees above the 3% cap to rent a clubhouse, pool, tennis courts, and walking trails. Our CCR's describe Common Areas as properties owned by the Association and devoted to and intended for the common use and enjoyment of the owners, provided however that in any lands which are leased by the Association for use as common areas shall lose their character as common areas upon the expiration of such lease. In addition "Purpose of Assessments" states they shall be used exclusively for the improvement, maintenance & operation of the Common Areas. Our Board stated they will pull the rented clubhouse, etc into Common Areas and the increased assessment will be used for rental of these spaces. Does it sound like the Board can actually rent these amenities and increase the assessment to do so?
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