Quote:
Posted By JoeS35 on 03/20/2023 7:46 PM
The Association is Incorporated, and does not own any significant property....
ARTICLE XIII - DUES
The dues of Regular Members and of Associate Members of the Association shall be Twenty Dollars ($20.00) per household per year. Seniors, persons 62 years and older, dues shall be Ten Dollars ($10.00) per household, per year, payable to the Association on or before June 30th of each year. Failure to pay the Association dues on or before June 30th will result in the inability of any member to vote at a General Meeting of the Association, after June 30th of any year, and pays the appropriate dues within ninety (90) days of settlement of the property, shall be entitled to vote at the next General Meeting of the Association.
SECTION 3. Membership in good standing is contingent on payment of any and all annual dues imposed by the Association upon its Members, as specified in Article XIII hereafter.
Do consider reviewing the meaning of "covenants." When you quote the covenants or bylaws, please indicate from which you are quoting.
I presume Article XIII is from the covenants (also known as "Declaration" and "CC&Rs"). Covenants typically have verbiage stating that they "run with the land," meaning they are hard to get rid of. The courts say covenants are "contractual terms" that the owners of this land may enforce using the courts, either neighbor to neighbor or HOA to owner.
The dues are a contractual term. The courts say all agreed to this contractual term when they bought their lot with covenants (on record with the county).
If you elaborated on what maintenance responsibility the corporation has, then this would help explain the costs the dues are supposed to cover.