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  1. #1
    duffkj is offline Junior Member
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    Home Owners Association Forcing Dues on a Vacant Lot

    What is the name of your state?What is the name of your state? Alabama

    We purchased a lot to construct a home on but have not constructed the home yet. We have owned the lot for 5 years. There are other lots in the subdivision that are owned by builders, that haven't been built on for several years. The Home Owners association is now saying that we owe back dues for the past 5 years. How can we owe dues if we didn't reside in the subdivision and didn't utilize the facilities. When we purchased the property, we were verbally informed that we would not be responsible for Home Owners dues until we completed construction and moved into the residence. Also, the Home Owners association is not making the other owners of property to pay dues, i.e.; builders. Also, there is no time limit imposed on when the builders must complete structures. The original covenant noted that all residences have access to the facilities within the bounds of the common areas of the subdivision. I take that to mean that if we were residents (home owners?) we would have access to these facilities and would therefore pay the dues. I am the only individual that is not a per say building contractor that owes a lot in this subdivision.
  2. #2
    HomeGuru is offline Senior Member
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    Quote Originally Posted by duffkj
    What is the name of your state?What is the name of your state? Alabama

    We purchased a lot to construct a home on but have not constructed the home yet. We have owned the lot for 5 years. There are other lots in the subdivision that are owned by builders, that haven't been built on for several years. The Home Owners association is now saying that we owe back dues for the past 5 years. How can we owe dues if we didn't reside in the subdivision and didn't utilize the facilities. When we purchased the property, we were verbally informed that we would not be responsible for Home Owners dues until we completed construction and moved into the residence. Also, the Home Owners association is not making the other owners of property to pay dues, i.e.; builders. Also, there is no time limit imposed on when the builders must complete structures. The original covenant noted that all residences have access to the facilities within the bounds of the common areas of the subdivision. I take that to mean that if we were residents (home owners?) we would have access to these facilities and would therefore pay the dues. I am the only individual that is not a per say building contractor that owes a lot in this subdivision.

    **A: post the specific clause from the CC&R's that states if an owner owns a vacant lot, then the HOA dues are exempt. If you find such a clause, you win. So don't get your hopes up too high.
  3. #3
    duffkj is offline Junior Member
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    Differentiation in a Builder owned vs individual purchased to build on

    Quote Originally Posted by HomeGuru
    **A: post the specific clause from the CC&R's that states if an owner owns a vacant lot, then the HOA dues are exempt. If you find such a clause, you win. So don't get your hopes up too high.
    I agree with what you are saying, however, they are not charging the builders a HOA dues. I also am a intended builder. What's the difference, I must assume from your statement that if they do not have a contract that specifically clarifies they are exempt then they must also pay the dues!
  4. #4
    HomeGuru is offline Senior Member
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    Quote Originally Posted by duffkj
    I agree with what you are saying, however, they are not charging the builders a HOA dues. I also am a intended builder. What's the difference, I must assume from your statement that if they do not have a contract that specifically clarifies they are exempt then they must also pay the dues!

    **A: did you read my post?

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