Hoa utilization of annual dues

[dkultti]

Washington State. I am a member of a HOA consisting of 44 lots. Dues for maintance are paid for each lot once a year. One of the things the dues pay for is snow plowing of the easemented paved roads within the development. Not all lots are inhabited. Most are in various stages of improvement and about 10 of them have full time residents.

One of the lot owners has filed a complaint with the HOA because the HOA has decided to not plow the road to his property (and a few other) because they do not have dwellings on them.

His beef is that if HOA dues are to be used to pay for the plowing so the membership can have access to their property, then because he is a dues payer in good standing his property should have the road plowed to it just as are the properties where people live on them.

My property access gets plowed so it does not impact me adversaly. However, I am inclined to think the guy has a valid point. I would think that if there are going to be different/graduated levels of service for each member, then there should be different/graduated levels of dues.

Anybody have any experience with this?

A few years back this came up and the BOD represented that the funds were used to plow all roads so that all members would have access to their property. Now, it would seem as if they have waffled on that a bit.

Don

 

[justalayman]

If he has a reason to attend to his property, I can see his point. If he is simply arguing the point because he wants to start trouble, then he is a jerk.

Since the money the association has is limited, I see no reason to spend money to plow an area nobody is using. It simply is a logical conservation of funds. If there is a need to attend to the property, then the association needs to clear the road. After all, this is money the members are paying for services but if there is excessive snow and the association has to seek a special payment because all of the funds are already exhausted, blame it on the guy that demanded they plow the road just because.

 

[dkultti]

I think it is a bit of both IRT the guys motives. He has been at odds with the BOD for many years now, not all of it because of his doing. There has been some tempering of the BOD's actions when they got out of line in the past. He does visit his property regularly for recreation. Sledding is why he goes when there is snow.

I agree with all the bits about what is needed etc; and the concern for scarce funds. I am still a bit hung up on the BOD amking the decision to plow some with all member funds and not all with all member funds (as a legal issue).

My particular interest is in what is legal and what is not. The BOD has operated in gray areas for some time and in order to keep things square I think it important to reflect on what not only seems to make sense, but also in what is legal.

Previously it has been suggested to have graduated dues based more applicably upon who benefits. At the time it was represented by the BOD that all roads would be plowed so that all owners had access. That was the language used to prevent residents from being subjected to higher annual dues than non-residents.

Another HOA I am a member of plows it all regardless of habitation status.

Jerk or not, I am interested in making sure the BOD and the HOA are doing things legally and in a manner that does not subject them to litigation.

 

[Ohiogal]

If the bylaws state the HOA fees are to be applied to maintenance on all property they are opening themselves up to a lawsuit. If the bylaws state only for property that is improved than maybe not.

 

[justalayman]

He does visit his property regularly for recreation. Sledding is why he goes when there is snow.

then I would say he has a valid reason to expect his road to be plowed. If they association refuses to plow, then he has a valid complaint.

I agree with all the bits about what is needed etc; and the concern for scarce funds. I am still a bit hung up on the BOD amking the decision to plow some with all member funds and not all with all member funds (as a legal issue).

what, exactly, do any applicable rules say to the issue of plowing snow?

Previously it has been suggested to have graduated dues based more applicably upon who benefits. At the time it was represented by the BOD that all roads would be plowed so that all owners had access. That was the language used to prevent residents from being subjected to higher annual dues than non-residents.

that could cause such confusion it is likely it would cost everybody more in the end since the association would likely be barraged with regular suits because some member felt they were being unjustly charged for something they claim they did not benefit from. An association is a lot like a government. There are costs to run the government. We share those costs somewhat equally, even if we are not a direct beneficiary of those expenditures.

Another HOA I am a member of plows it all regardless of habitation status.

either that is their choice or their rules require it. You'll have to tell me which it is. Regardless, what they do does not control what happens in this situation.

Jerk or not, I am interested in making sure the BOD and the HOA are doing things legally and in a manner that does not subject them to litigation

yes, they are doing things legally, if they are complying with the rules. Of course that doesn't mean a person cannot sue them and it doesn't mean a judge cannot order the association to clear the road due to his interpretation of the rules but as long as they are complying with the rules in place, they are acting legally.


editorial comment:


In the end, his actions could cost you and the other members (and himself) more money by forcing the association to comply with his demands. If that works for all of you, then go for it. If it really imposes such a difficult situation he cannot overcome without the road being plowed, then by all means, tell him to do whatever it takes to make the association plow the road, damned be the costs.