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Forums > Homeowner Association > HOA Discussions

Subject: Common Area Rights

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ThomasG1
(Kansas)

Posts:1

10/31/2006 6:03 PM
I was wondering if anyone could recommend a good reference on HOA "laws/guidelines". In particular, common sense tells me that for a HOA to have the best chance for success is to embed the following guideline, philosophy or law throughout its CC&R's: "No Homeowner shall experience and financial gain or pain from another Homeowner's discretionary choice to use the common area or not to use the common area." Background information about our situation. Our HOA is based upon two water ski lakes, which is the primary purpose for the community. The covenants explicitly define ownership of the lakes belonging to the HOAs. They also explicitly define all operating costs belonging to the HOAs. Implicitly, this defines lake rights entitlement as the HOs. Unfortunately, lake rights are not explicilty defined. The developer has further complicated our operations by creating a third party Ski Club. The convenants explicitly state that membership of the Ski Club is required to use the lakes and the HOs have first rights to join the club. This is where the problems begin. If a HO decides not to join the Ski Club, the Ski Club can then turned and market that membership to the outside market, which yields a higher membership rate. If a homeowner joins the Ski Club, they make less money. I percieve this as a conflict of interest. TG

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Forums > Homeowner Association > HOA Discussions > Common Area Rights

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