Townhome associations

[dba6868]

North Aurora, IL.

I live in a town home with an association. I live on a corner lot with a considerable amount of property. Our association fees are the most because of the large lot. We were told that our property is considered common property. Which means that anyone can walk their dog on it and we can't say anything. We've had people actually walk their dog right next to our front window and look in while we were eating dinner. We pay property tax on this property as well. Since technically we don't really own the property (according to the association) would we be able to get out property tax lowered, or perhaps our assocation fees lowered, or do we really own it and can tell the assocation to stick it? Again, we were told our property is considered common property and we are paying property tax on it.

- Thanks

 

[JETX]

Something doesn't seem right here.

As I understand it, if it is indeed 'common property' then you have no more, nor less, rights as your neighbors on it.

However, the normal application of 'common property' is that ALL homeowners pay for it equally, and it is not based on specific size/location. For example, if you have 25 'association members', then EACH resident would pay 1/25th of the value for the TOTAL of all common property. It would have nothing to do with the size in front of your 'unit'. Another example.... if you have a common 'clubhouse', does the person who lives closest to it pay more than the person who lives farthest away???

 

[HomeGuru]

If you are in a condominium, there is a difference between a common element and a limited common element.
Please check into this.

 

[vrzirn]

Look at the description of your lot on the deed. That will tell you if all or part of the property is private. For the portion that is private perhaps the CC&R's permit the erection of a fence.
I agree with Halket that the problem seems very peculiar. You should not have to pay more than anyone else for common property. If the property is private then, yes, your taxes would be higher due to the larger lot.