Home owner association blues - 2 questions
Brief history: I live in a private subdivision that was started in 1956. The covenenants did not state that a person who buys in the subdivision must become a member of the HOA. Originally it was called a club. They have since changed the name to include Home Owners Association. There have been several lawsuits about the responsibilities of non-members to pay dues. The courts have ruled that a non-member does not have to be a member of the HOA but is responsible to pay a "fair share" for the common areas. Unfortunately a fair share was not described by the court or the parties. To complicate things further, there are two HOAs in my neighborhood (an island). After lawsuits between the two HOA, it was determined that a road commission would be set up and both groups will pay into that commission to pay for the roads. My questions do not involve this seperate road responsibility.
Question 1. Since my deed does not include membership requirements or dues responsibility to the HOA, can they make regulations that "run with the land" or otherwise change my deed restrictions without my written authorization? I understand that it may be possible to change deeds if one is a member of a deeded HOA or condo Association by getting 75% vote, but this voluntary club does not have any of that language in my deed or on file at the Courthouse. Can my neighbors change my deed? The current trustees also want to change the code of regulations to make is appear that everyone owes for everything even if they are non-members. Can they do that?
Question 2. I understand the logic behind members having to pay for common areas of the HOA even if they do not use them, but can a non-member be forced to pay for things that he does not use? For example a club house and its insurance/taxes. I am of the opinion that since I am paying for the road seperately as is everyone, that I can now only be charged by the HOA a small reasonable administration fee for things like "billing" me. Thay are trying to make the non-member fee virtually the same as the member fee. Thank you.
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