Quote:
Posted By RobertG on 07/26/2007 9:37 AM
Posted By JoeW1 on 07/26/2007 8:00 AM
I agree with PaulM. As you can see KennyD1 there is much to consider on the increase to your budget for a gated provision. However, there is one factor that may offset expenses (a bit). The borough should still reimburse the Association for the borough's cost to remove the snow from the roadways and reimburse for the borough's cost for street lighting. Otherwise your HOA members will be paying twice for municipal services. Once in taxes to the borough, and again to the Association in maintenance fees to pay for the services. If my HOA was non-gated and we were voting on going the way of a gate I would vote yes for everything we currently have. However, that's just me since I see the benefit of peace and quite, increased security, and a tremendous bang for my buck spent on the gate and 24/7 attendants. Our gate matters don't consume our HOA.
I am not sure I would agree with your logic. I think you are saying that you should get back (or not pay) local taxes that relate to street maintenance since you are paying for the same services through the HOA. [Correct me if I am wrong]. I don't think that since you made a decision to live in a place that has an extra fee, then you should get money back from the city. If you were somehow taxed twice by the city because you were in a gated community, then I would think that unfair.
I also don't think that just because you opt out of using the city services, you should not have to pay the tax. That would be saying that I should not have to pay a school district tax if I don't have kids in the school. Or, if I don't ever call the fire department, then I should get back the tax portion that pays for fire protection.
Even if you could convince me that your position is correct, I think it would be a nightmare for a municipality to implement a selective tax rate schedule.
RobertG - I am absolutely not saying I should not pay local taxes. Quite the contrary. FYI, because our borough approved construction of our HOA, they have benefited from an increase in tax revenue to the tune of over $2,000,000.00 per year. Since there were relatively few school age children during this time there was no increased burden upon the school facilities.
No need to convince you or anyone else of any "logic". It's the law in New Jersey called the Municipal Services Reimbursement Act. Our Borough is obligate by law to reimburse us for their cost for various municipal services including their cost for snow removal per mile of roadway, and retroactive to the date we first started paying for it too by the way.
Do a google search under Municipal Services Reimbursement Act New Jersey. Or go to the following:
www.njlawblog.com/2006/07/articles/community-associations/is-your-association-receiving-the-benefits-of-the-municipal-services-act/
It states, βEvery municipality in New Jersey is required to either provide certain services to each qualified private community within its borders or reimburse the community for these services, including the removal of snow, collection of trash or recyclables or lighting of roads and streets. The purpose of the Municipal Services Act is simple β eliminate double taxation of community association residents.β
So if you follow the "logic", and New Jersey law, perhaps you and everyone else on HOATalk could spearhead a similar reimbursement for your HOA to offset the costs and prevent double taxation of your residents. Bottom line they are paying for the services twice. Once for the roadways and services outside of the HOA, and again for the roadways and services inside. New Jersey has set a standard that many HOA's should take note of.