Do I Pay my Homeowner’s Association for an Assesment if my Home Doesn’t Need the Repair?
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Summary
The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. |
“My homeowner association recently levied a special assessment on all of our Units for the repair of the building roof. The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. My question,is, should I be required to pay the same as every other Unit.”
The most likely answer is yes, but a definitive answer would require reviewing your HOA documents.
In general, assessments are made for items which benefit the entire association, and therefore all owners are assessed equally (or at some fixed proportion). Sometimes, Associations will make bulk purchases of items which benefit each unit individually, and there will always be some variation in how much each unit needs the item in question. For example, the HOA may cut a deal with a painter to repaint all the units (usually at a volume discount). Some units will need painting more than others, but there is rarely a way to account for this. Usually, if any thought is given to it at all, it’s assumed that in the long run, these things will even out.
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For more on this subject check out these categories: Homeowners HOA, Property
Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.