Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“Can a Pennsylvania HOA private community charge a yearly fee to homeowners for having a mailbox in their designated mailbox area? Our community is charging homeowners for this when I am under the belief that once the mailbox is being used for mail collection it is owned by the USPS and the government and not the HOA/community and thus they would not be allowed to make rules and regulations on them thus making it illegal to charge us $40 a year to have it. This was recently brought up by some of the community members and want to know if this is a valid thing we can bring against the board and association.”
Unfortunately, I do not know the answer to this one. Although a mail box is USPS property for certain purposes, I don’t know if that extends to the owner of the land not being entitled to charge what is essentially rent for the space that it is taking up.
It sounds, however, like this is the sort of thing that ought to be solved politically-that is, by electing a board that follows the wishes of the majority of owners with respect to this issue. Failing that, though, you’ll have to invest in a local attorney’s time to research whether you have a legal right not subject to the board’s rules.
