JohnP9 (North Carolina)
Posts: 16
Posts: 16
Posted:
Question, Our HOA established a Road Maintenance Fee (RMF) on new construction in our community 4 years ago. This RMF has been voted on and approved by the majority of property owners each and every year since. Now we have an individual (he did not pay this fee) stirring up the residents by saying it is unfair and we should refund the monies collected back to the home owners. Believe me, we have discussed this issue to death with all the arguments pro and con about the RMF. Anyway, 14 times this fee was presented and paid in the last 4 years. Now here's the question, IF the majority agrees to refund the money, WHO GETS IT? You see the money was paid by the builders prior to start of construction not the home owners, I know, I know he probably passed it on. I contend we can not legally give the money to anyone other then the person who wrote the check. Unless the home owner can prove that the builder passed it on, and I'm not sure even then, Correct?
Not looking for legal advise just your thoughts.
Thanks,
John
Not looking for legal advise just your thoughts.
Thanks,
John