Home Owners Association Powers

[1111]

in maine, can a home owners association place a lien on your home for non-payment of an assessment directly applied to the maintenance of non-association property. the association board wants people to pay for mowing a median strip owned and deeded to the city. we already pay for maintenance through taxation but the city does not want to mow often enough. the board says it has the athority because a bylaw says "any common benefit" thanks,

 

[I AM ALWAYS LIABLE]

in maine, can a home owners association place a lien on your home for non-payment of an assessment directly applied to the maintenance of non-association property. the association board wants people to pay for mowing a median strip owned and deeded to the city. we already pay for maintenance through taxation but the city does not want to mow often enough. the board says it has the athority because a bylaw says "any common benefit" thanks,

My response:

You're going to have to be more specific by writing out what comes before and after that phrase. For example, "any common benefit" to the homeowners? To the public? To Society at large?

As another example, the park 3 miles down the road is owned by the City. However, it too is a "common benefit" - - not only to the homeowners that use the park on the 4th of July, but also to the public at large. Does that mean that because it's a "common benefit" it must also be maintained by the homeowners? Does "distance" from the homes change the responsibilities for its care and maintenance? In terms of distance from the homeowners, where's the cut-off point, and how is that defined?

Additionally, while the median strip is, arguably, a "benefit" to not only the homeowners, as well as the public at large, how is the strip a "common benefit" to the homeowners? Has that phrase, itself, ever been defined? E.g., what delineates a benefit from a "common benefit"? Could it be defined as something that only benefits the homeowners "exclusively", as opposed to the homeowners AND the public?

So, all because the proximity and distance of the median strip is close to the homes, the land itself is not owned by the homeowners, and is of no direct "benefit" to the homeowners, then there should be no costs charged to the homeowners.

It, therefore, appears from the information in your post, only, that the HOA has exceeded their authority and scope. Who made this decision in the first place?

IAAL

 

[1111]

this is a newly formed association. most (80+%) of the residents originally wanted to try to terminate the association (including myself). I believe some of the board members are trying to scare residents into keeping the association by saying the city will not mow the median (property value issue) and the only way to get the median mowed is through forcing residents to pay, therefore the association is necessary. Hard to explain. If i can prove that the residents will not "have" to pay even if fee's are levied many would vote to terminate the association. the "common benefit" statement is in the bylaws under "reasons for assessments" and states the assessments can be levied for other "common benifits" as the board deems necessary. (something like that). Thanks,

 

[I AM ALWAYS LIABLE]

My response:

So that I, and others, can try to help you, would you please reread my original post and address some of my questions? Also, please get your HOA by-laws out, and please quote the exact, and complete, phrase.

Thanks. We want to help you, but we need more information.

IAAL

 

[1111]

I apologize, I do not have my bylaws available. I appreciate the help you have offered. Is it ever legal to force people to pay to maintain property that is not owned by them or their association? Even if it were directly written in the declaration or bylaws. Just doesn't sound legal to me that someone could ever be forced to pay to maintain something they are already taxed to maintain and doesn't own.
thanks again.

 

[1111]

o.k. here is the exact wording under purpose of assessments (some are not a concern to me)

(a) the cost and management of snow removal if not publicly provided (it is now that the road has been accepted/deeded to the city)

(b) maintenance, repair and replacement of the roads as shown on the plan, which roads shall remain private UNTIL or UNLESS the association brings the roads to a level of acceptability under the then existing road standards of the city and the roads are made public, as well as all electrical and telephone cables, water, sewer and drainage pipes, equipment and facilities located in the common areas; (i thought this explained it, but I guess its more complicated)

(f) such other common benefits on such terms as the directors may determine from time to time.

also, if bylaws can so easily be changed and the Declaration can be ammended by the members, what good is any of the info. Our articles of incorporation are supposed to govern but they do not contain any specifics and direct us to Maine non-profit corp act which in parts refer back to the bylaws. Holy confusion.
thanks,