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DaleS6 (California)
Posts: 10
Posted:
Is it normal when an HOA pays for repair of patios that only some owners have, that those owners don't have to have higher HOA fees?
Our HOA has to approve and pay for any patio repairs. But only a minority of HOA members have patios.
Two HOA condos with the same inside square footage have identical HOA fees even though one has a patio and the other doesn't.
The only criteria for HOA dues amount is amount of square footage INSIDE the condo. Whether or not you have a patio which everyone else has to pay for repairing doesn't affect the monthy HOA dues.
Is that normal?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Yes and no...Patio's may classify as common area in your HOA. If the builder built them onto some units as options, then I would say that is HOA common property that ALL owner/members pay for. However, if the patios were built by the individual owners, then that may not be common property. The patios would have been subject to approval. It could also be that the members voted to take care of the patios since they didn't believe all the owners would do it consistently without their involvement.

If it is the common area scenerio then yes all the owners regardless of having or not having one would pay according to the rules of the square footage.

Former HOA President
DaleS6 (California)
Posts: 10
Posted:
Is it normal when an HOA pays for repair of patios that only some owners have, that those owners don't have to have higher HOA fees?
Our HOA has to approve and pay for any patio repairs. But only a minority of HOA members have patios.
Two HOA condos with the same inside square footage have identical HOA fees even though one has a patio and the other doesn't.
The only criteria for HOA dues amount is amount of square footage INSIDE the condo. Whether or not you have a patio which everyone else has to pay for repairing doesn't affect the monthy HOA dues.
Is that normal?
DaleS6 (California)
Posts: 10
Posted:
Thank you.
My understanding is that the patios were built by the builder and not by the individual owners BUT
initially the owners were responsible for the repairs and it was only later that the CC and Rs
were amended so that they couldn't repair their own patios and the HOA had to do it but the rule that only inside square footage counted for determining the amount of HOA dues remained.
DaleS6 (California)
Posts: 10
Posted:
Thank you.
My understanding is that the patios were built by the builder and not by the individual owners BUT
initially the owners were responsible for the repairs and it was only later that the CC and Rs
were amended so that they couldn't repair their own patios and the HOA had to do it but the rule that only inside square footage counted for determining the amount of HOA dues remained.
DaleS6 (California)
Posts: 10
Posted:
Thank you.
All the units in the back on the first floor have patios which were built there by the original developer.
however, initially each owner with a patio paid for his/her own repairs.
Then the CC &Rs were changed so that they no longer could repair their own patios and the HOA had to do it, but the rules governing what the monthly HOA fees would be based ONLY on inside square footage remained.
According to your reply, it appears that is normal.
But why?
DaleS6 (California)
Posts: 10
Posted:
Thank you.
All the units in the back on the first floor have patios which were built there by the original developer.
however, initially each owner with a patio paid for his/her own repairs.
Then the CC &Rs were changed so that they no longer could repair their own patios and the HOA had to do it, but the rules governing what the monthly HOA fees would be based ONLY on inside square footage remained.
According to your reply, it appears that is normal.
But why?
FredS7 (Arizona)
Posts: 927
Posted:
Your documents define which areas are maintained by the association and which are owner responsibility. It's simple, what the documents say, governs.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The reason why the HOA is responsible and not the owners is because the owners wanted it that way. I am sure they had some kind of vote for the HOA to take over the maintenance/repairs. It's kind of a way to save those owner's costs. It's much cheaper to buy in "bulk" than single. Thus putting the burden on the HOA allows them a bulk rate on repairs.

Is this necessarily fair to the those without patios? No. Do they still have to pay? Yes. There is also the "aesthetic" issue to go along with this. If the patios were individually taken care of, they would have little control on how those patios could be maintained, enforce the owner to make repairs, or control any aesthetic problem. The HOA as a group (of ALL the owners) can now take care of the problem instead of constant "harrassment" to those owners who don't comply properly/timely.

I've seen this done before in other areas besides patios. There's pro's and con's to handling the shared propertly like this. It stinks the other owners have to pay for it. However, it does allow the owners to enforce rules/regulations to make sure they are in compliance much easier/cheaper.

Former HOA President

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