Can HOA charge a fee when you do not live in the home full time. We stay in the home one weekend a month and HOA is wanting to charge a higher fee.

Asked by jmule1, Fort Worth, TX Tue Nov 26, 2013

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12
Amasa Lacy, Agent, San Diego, CA
Fri Jan 31, 2014
Are you saying that they are charging you more than the perscribed HOA? If that's the case, it's unacceptabe. The HOA is a flat fee and should not fluctuate whether you are occupying the home or not.
0 votes
Dorene Slavi…, Agent, Torrance, CA
Thu Dec 19, 2013
It depends upon the CC&R's. You should have a copy of them and they are really long! Try to get some time to go through them.
0 votes
Ann_globenet…, , Westminster, CA
Thu Dec 5, 2013
CC&Rs can be as different as every HOA and the neighborhood they are trying to preserve. However, this example seems a bit...extreme.

Obviously, you should carefully review your HOA's CC&R. You may want to request a written explanation of their reasoning, as well. It would be interesting to know their justification for increasing your fees.

Also, you may want to contact a real estate professional. The team at Globenet Realty is here to help with all of real estate needs and questions.

Call today at 714.988.8399 or visit us online at http://www.globenetrealty.com
0 votes
JR Thrasher, Agent, San Diego, CA
Tue Nov 26, 2013
Read your CC&R's and see if it's part of the rules.

J.R. Thrasher
http://www.SanDiegoRealEstateVeterans.com
619-929-0105
0 votes
John Juarez, Agent, Fremont, CA
Tue Nov 26, 2013
If the HOA is attempting to charge you some kind of penalty fee for not being a full time occupant, what is their rational for the extra charge? Where in the rules for the HOA does it give them the power to do that? You could argue that you ownership is a lesser burden on the facilities and the community than most other owners since you are infrequently there.

It would be great is you would post an update as to how your situation turns out.
0 votes
Annette Law…, Agent, Palm Harbor, FL
Tue Nov 26, 2013
Mule in Fort Worth,
This is a situation I have not encountered. However, I can see some merit.
The determination of success or failure is if the HOA can itemize the purpose of the additional fee.
If indeed they sweep the stoop, pick up storm induced debris and clear the pizza flyer or the security personell thinks about checking the doors and windows....the fee will be considered ... Justified.
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Get the list.
No list, call an attorney. By the way, when you call the attorney, realize you are attempting legal action against yourself. YOU ARE THE HOME OWNERS ASSOCIATION.
Choose wisely.
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The best solution is to get the rules changed via the established process detailed in the big document they were given when you purchased the home. You might even want to become a member of the board. That will be an experience you are unlikely to forget.

Best of success.
0 votes
Jack and Sue…, Agent, San Diego, CA
Tue Nov 26, 2013
Are you asking about additional fees for not living there full time? As far as the normal HOA Fee's they are divided among all the owners equally. I would suggest that you read your CC&R's for the community to see what charges can be levied if any for not living in the home full time.

Sue Aven-REALTOR®
Keller Williams Realty
858-435-5022
http://www.avenhomes.com
0 votes
Tony Grech, Mortgage Broker Or Lender, Southfield, MI
Tue Nov 26, 2013
Association dues are generally split up equally among each home/unit, regardless of how much you are in the home.
0 votes
Chad Basinger, Agent, San Diego, CA
Tue Nov 26, 2013
Hello Jmule1,

From what I can infer from your question, it looks like those below only addressed whether or not the HOA can charge you dues/fees regardless of how long you live at a place. However, what you are really wanting to know is if they can charge a HIGHER fee since you do not live there full time. Quite frankly, I have not heard of such a thing happening before, nor does it intuitively make a whole lot of sense. I'd strongly encourage you to look at the covenants, conditions and restrictions (CC&Rs) of the HOA to see if your particular issue is addressed in there. Best of luck! By the way, how can you possibly choose to live more often in Texas over America's Finest City ? (sunny and blue skies today!!!)

Sincerely,

Chad Basinger, REALTOR®, CPA, CFP®
858-997-3704
chad@chadbasinger.com
Web Reference:  http://www.chadbasinger.com
0 votes
Janet Thomps…, Agent, Aliso Viejo, CA
Tue Nov 26, 2013
Unfortunately, yes you are responsible for all of the home owners association fees for your property. It doesn't matter how often you actually use the property, you are liable for the dues as long as your name is on the deed. You may consider renting the property while you are not using it as a short term rental of vacation home, depending on the location? At least that way you will be gaining income from the property to off set the cost of the HOA dues.

Janet Thompson
Star Real Estate South County
0 votes
Jeannie Thom…, Agent, La Jolla, CA
Tue Nov 26, 2013
Yes…HOA fees are the fees charged by the HomeOwners and are the responsibility of each owner, whether they live there 1 day a year…or full time. This fee pays for the insurance for the building, the maintenance of the complex and in some cases, the water.

Please feel free to call me 858 395 7727.
Jeannie Thompson
Coldwell Banker
930 Prospect St.
La Jolla, CA 92037
858 395 7727
0 votes
Connie Sunds…, Agent, Del Mar, CA
Tue Nov 26, 2013
Hi there,
If you are the homeowner then yes you would be responsible for HOA dues & assessments relating to the property. I hope this is helpful.
0 votes
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