My HOA leadership took on a project on their own without clearing the board or the general membership. It looks like the project will increase their property value as well as mine and double the dues. I could just take the advantage and shut up. Or is there a better way?
How can “leadership” double dues without the Board or membership voting clearly? Seems like out of order for deciding Association business?? Could there be an injunction in local court to pause the project?
Depends on the Association documents and state law.
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The majority of the board also benefit. Their property value will go up. It’s a small HOA, about 30 members. 8 of us will benefit about 5 of them are in the board. Not much chance anyone will want to trouble themselves going to the court. So, I guess not much I can do.
Should this expense really be a Special Assessment instead of regular dues?
From article,”Sometimes, circumstances demand that the HOA increase dues quite significantly (more than the amount required for general cost increases) or levy high assessments. This might happen, for example, if the HOA does not have sufficient funds in reserve to pay for a common area repair.”
And, “Sometimes, circumstances demand that the HOA increase dues quite significantly (more than the amount required for general cost increases) or levy high assessments. This might happen, for example, if the HOA does not have sufficient funds in reserve to pay for a common area repair.”
Was this part of operating, annual budget, or a one time expense?
Both. After the improvement, the maintenance will cost a lot more. That’s raising the dues.
What do the bylaws say?
I’m confused by the comment that HOA leadership is doing something that the Board didn’t vote on. Isn’t the Board the “HOA leadership”? Any more details? Are they putting in a Community pool?
Our bylaws state that any expenditure over a certain dollar amount ($5k?) must be voted on by the general membership. Are there any provisions like that?
Basednin some of the other concerns you’ve had about HOA’s, I’m not sure a managed community makes sense for you. Or run for the Board so you learn the complexities how to manage!
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<moving to the correct thread - thanks for heads up @Youdon_tsay >
Wrong thread?
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Too late for that. I just have to learn to live with it. The board has 7 members. Of 7, 5 would see their property value go up. Guess there’s nothing I can do.
Isn’t your HOA “leadership” the board? Please clarify.
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Our road association, in its infinite wisdom, includes one owner per household on the Board of Directors, for a total of 13. It’s absurd. People argued that they want to have control over all decisions.
OK, fine, whatever.
BUT then the three officers decided on their own to sign a railroad crossing agreement with the state without asking the BOD. Basically, the agreement allows the state to come in and make any improvements to the crossing and then charge US what it costs!! We have no rights and all the responsibility.
I had specifically emailed the treasurer that we needed to have a discussion about this. She and the others totally blew me off. DH and I wrote an angry letter stating that we did not approve, and if we are ever approached by the state to cover costs, we will refuse to contribute. Ugh. I will never be part of an HOA, condo association, or road association again. It has been a very unpleasant experience for years.
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Did you reach out to your state’s Attorney General? This sounds very fishy… I can’t imagine it’s legal for the agreement NOT to have come before the entire HOA/Legal entity…
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Well, after the fact, there was a meeting and the neighbors voted to accept the agreement retroactively. 
It’s such a strange neighborhood. They get worried about the tiniest details, then they let something like this through.
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Oh gosh. You really are stuck.
Hugs. My in-laws got stuck with a huge bill (this is going back a decade) for a “recycling center” when the HOA decided that the town system (one big garbage can, one smaller recycling can for mixed recyclables) was "unsightly. HOA chose the vendor (noncompetitive bid I’m sure) and everyone had to pay for some stupid and ugly shed which barely had room for the town mandated cans. But once the sheds were installed you could get cited for having anything outside the shed-- like a securely tied stack of newspapers, in recyclable twine.
Lots of teeth grinding and no recourse… so I feel you!
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Ours is like this. In our case, it’s practically on everything. I really don’t understand how people put up with it.
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Generally such an act is illegal and unenforceable. But laws vary from state to state. If my HOA did something like that, I would use that wonderful property value increase to sell my house and buy something with no HOA.
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Glad to hear it is unlawful and unenforcible. Hope something happens to prevent it. I just built my dream house. Not selling. Just have to learn to deal with it. I am spreading words as much as I can.
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