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.
“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.
Question: 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.
