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George Zev
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HOA - Unwarranted Charges

George Zev
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Posted May 2 2024, 10:31

Hello BP Community, 

I own a LTR in Colorado Springs 

My HOA community is a bit overbearing. Multiple notices have been cited that I have already resolved, the most recent on the other hand, to me seems a bit out of line- I as a homeowner, chose the turf I wanted both in looks and cost efficiency for a large front lot close to 3k sq ft of front yard. They came back saying it needs to be approved (which is fine) but now also want to potentially charge $6k for a portion of the lot that is owned by the community to install rocks/gravel.

My question(s) to you all:

1) Is this out of line? Turf approval via special meeting with the board  I can understand, but a community decision that will then charge ME? How does that make sense? 

2) If I neglect fees/charges/this out of line $6k charge what happens? I still plan on paying the monthly HOA required payment but I am not intending to pay thousands I had no decision-making power on. And begs the question "What do you really own?"

My plan is to continue to operate the LTR, get approvals for my already initiated project one way or another from the board/or not since I've already put in a fair amount of money for turf/installation, and respectfully decline this additional potential $6k charge. 

What are your thoughts?

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Bill S.
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  • Rental Property Investor
  • Denver, CO
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Bill S.
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  • Denver, CO
ModeratorReplied May 4 2024, 11:46

@George Zev My heart goes out to you with regards to dealing with a HOA. I have no legal advise to you. What I have seen is that you would owe the $6k charge one way or another but you should have an attorney weigh in to be sure.

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George Zev
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George Zev
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Replied May 6 2024, 07:18

@Bill S. First thing that came to mind is: given portion of lot is owned by "community" if HOA decides to move forward with $6k charge shouldn't that be dispersed across the community as opposed to just me?

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Andrew B.
  • Rockaway, NJ
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Andrew B.
  • Rockaway, NJ
Replied May 6 2024, 08:21

Your post is confusing because an HOA cannot make a modification to a common element and then charge 1 owner for that *UNLESS* that owner or their tenants damaged the property to begin with. (Confirm this isn't the case. Maybe your tenant damaged something.)

If they are truly billing you for a common element, you hire a lawyer and sue. You will win in lightning speed.

If that is not the case, you'll need to get more info and come back for better advice.

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V.G Jason
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V.G Jason
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Replied May 6 2024, 08:40

Sell this property. Don't deal with HOAs. 

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Theresa Harris
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Theresa Harris
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Replied May 6 2024, 09:36

HOAs are a bit crazy. I've never dealt with them only condo boards. If they want to landscape HOA owned land, they (ie HOA $$) need to pay for it, not you. If they need to approve the grass (or have a list of approved grasses), that should be outlined in the HOA documents.

I'd read the HOA documents and see if they have a list of approved grasses (and is yours in that list). For the $6K, I would tell them it is communal property, not yours, so why should you pay for it?

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George Zev
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George Zev
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Replied May 7 2024, 10:44
Quote from you! That was probably the more empowering / useful answers I've received on this matter. Thank you!@Andrew B.:

Your post is confusing because an HOA cannot make a modification to a common element and then charge 1 owner for that *UNLESS* that owner or their tenants damaged the property to begin with. (Confirm this isn't the case. Maybe your tenant damaged something.)

If they are truly billing you for a common element, you hire a lawyer and sue. You will win in lightning speed.

If that is not the case, you'll need to get more info and come back for better advice.