• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Site Condo Issues with HOA

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

mihomeowner

Junior Member
What is the name of your state (only U.S. law)? Michigan

We just purchased a property that is a site condo. It is a private home and yard but deeded as a chunk of a larger property. My understanding is that site condos are just a way for a developer to speed up the platting process.

My question is the HOA is telling us we owe dues for the full year when we moved in in June. Can they force us to pay full years dues or are we only required to pay pro rated dues from date of closing. The spell out the dues as a "capital contribution" to the association and say that every person that buys from the developer is subject to this. Talking to other residents they have not been subject to this fee.

Also the HOA was not listed as part of our closing do we have any recourse in this regards? I was told that title ins would not cover it.

Also the association is takign issue with my boat parking saying it is not allowed do they have any real legal recourse to force me to remove my boat?
 


H

HomeGuru

Senior Member
mihomeowner said:
What is the name of your state (only U.S. law)? Michigan

We just purchased a property that is a site condo. It is a private home and yard but deeded as a chunk of a larger property. My understanding is that site condos are just a way for a developer to speed up the platting process.

My question is the HOA is telling us we owe dues for the full year when we moved in in June. Can they force us to pay full years dues or are we only required to pay pro rated dues from date of closing. The spell out the dues as a "capital contribution" to the association and say that every person that buys from the developer is subject to this. Talking to other residents they have not been subject to this fee.

Also the HOA was not listed as part of our closing do we have any recourse in this regards? I was told that title ins would not cover it.

Also the association is takign issue with my boat parking saying it is not allowed do they have any real legal recourse to force me to remove my boat?
Click to expand...


**A: the answer to all your questions is read the recorded CC&R's.
 
P

private_person3

Member
Consult a lawyer.

From what you say, it seems you were not aware that there was an HOA prior to closing? Odd indeed.

Capital Contributions are not "monthly" dues. Dues are what you owe to support the HOA's operating budget. These monies should have been spelled out in closing.

Here in NJ, an HOA cannot asses a CC on only a select party. It has to be assessed to everyone. I don't know what Michigan statutes say, but I would expect it would be similar. The concept is that all assessments are to be done equitably. One owner cannot be charged more than their share. If other owners have not been assessed the same Capital Contribution, as you indicate, then something seems wrong.

As for your boat. Whether or not you knew it, you're now governed by an HOA. If their rules say you can't park it, you can't park it!

Read you HOA docs for clarification of your rights.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top