Is It Legal to Charge Different HOA Fees to Residents?

When you bought your Greater Boston Area residence, its homeowners’ association (HOA) may have been a primary deciding factor. HOAs help residents access amenities, maintain property values, and divide financial responsibility for common areas.

Two typical questions homeowners pose to the attorneys at Calabrese Law Associates are whether it’s legal for an HOA to charge residents different fees and if HOA fees can go up. The answer to both is yes — dues can increase, and HOAs can levy varying amounts in many situations.

What Determines HOA Fees?

Numerous reasons exist for why HOA fees are different in the same complex or development. Legitimate bases for fee assessment can include:

• Size of your residence or lot. Similar to taxes assessed on property value, it’s common for HOAs to set dues based on the home or lot size, with larger ones paying more.
• Amenities available. The features a complex or development offer impact resident costs.
• Special assessments. Unexpected, significant repairs or property tax increases can justify adding a special assessment cost to regular dues.
• Utilities included. If the HOA covers expenses for utilities like water and sewer, residents should expect to pay higher dues to offset those costs.
• Location of the HOA. Some areas of the country have a higher cost of living, which is generally reflected in increased fees.

Illegal Changes to HOA Dues

While HOA fee increases or fines are sometimes necessary, there are circumstances where those events may be illegal. Review the situation with an experienced HOA attorney like those at Calabrese Law Associates if you believe your HOA has committed violations like:

• Applying fees that contradict established frameworks. Generally speaking, an HOA cannot charge fees contrary to its rules, bylaws, or state, federal and local laws. They also cannot impose costs for residents exercising constitutional rights, such as under the First or Second Amendments.
• Discriminating against protected characteristics. HOAs may not target residents based on protected factors like race, religion, gender, disability, or familial status. Some states also include gender identity and sexual orientation as a prohibited determination basis.
• Charging inconsistently. Typically, HOAs can only institute fines and increases consistently, with documentation of their validity and authority. Selective rule enforcement or fee hikes may run afoul of established laws.

Start a Successful HOA Appeal With Calabrese Law Associates

If you’re considering filing an appeal with your HOA in the Greater Boston Area, contact an attorney from Calabrese Law Associates first. Our skilled team can help increase your chances of winning by thoroughly reviewing all documents and processes while preserving your legal rights. We have extensive experience negotiating with HOAs at all levels and deliver industry-leading legal representation for a reasonable fee. Find out how we can help with a free consultation.

Request your complimentary appointment online or by calling 617-340-6623.

Attorney Advertising. Prior results do not guarantee a similar outcome. This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.