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Old 10-23-2015, 09:20 PM
 
1 posts, read 1,057 times
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We currently reside in Berkeley County, West Virginia. At our last HOA meeting the board and members voted to increase the dues by 100% (I doubt 2/3's of the development was there to vote on this matter, but I'm not sure at this time).

Is this legal in the Stat of West Virginia? I was unfortunately out of town, so I wasn't able to attend the meeting. With this said, I actually agree to the increase, but I'm not sure if this was a lawful action, especially since zero notice was given for the increase prior to the meeting.

The increase is to pay for resurfacing the development, so this is why I agree, but we need to get all members in agreement, or we will be filling a lot of liens against homes, which I would like to avoid.

Let me know your thoughts, I'll try to get a copy of our CC&R, but currently curious where the state law stands on this matter.
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Old 10-24-2015, 02:25 AM
 
5,048 posts, read 9,554,179 times
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You should have a process already in place where it is required to get three price estimates and a committee knowledgeable enough to determine what is necessary and what the community can afford... whether it's necessary to dig down or just fill cracks and do a seal coat.

Here is W V's Uniform Common Interest Ownership Act.

West Virginia Code

In WV,subject to your HOA Declaration, the association board may adopt and amend budgets and collect assessments. BUT there should be a place stating the max percentage of increase annually. Many times when there is a repair or reno needed an HOA has a special assessment rather than a 100% increase in dues. The special assessment can be paid off immediately or over a period of time or the corporation get a loan and is paid by residents or sometimes residents have to get their own loan to pay their portion. Then, at some point, the dues will not have been raised. HOWever, there are times when the dues need to be raised permanently...sometimes because of poor advance planning.

I don't know if you are required to do reserve studies but, if not, one every now and then is a good idea.

The laws say the board needs to meet to ratify a budget.

They state what a quorum is for such a meeting...20% of residents, I believe, if not already noted otherwise in your bylaws. That is in person or by proxy. (36B-3-109)

Also what a quorum is for the board. 50%.

There are laws regarding meetings...how often they should be held, in what way to notify residents, when as in how much time before to notify.

There is probably in your Declaration or bylaws or in the WV laws, a max percentage that your dues can go up annually. If so, that could mean you need a special assessment and not a 100% dues increase. You may indeed need the special assessment and a lesser dues increase as well.
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Old 10-24-2015, 12:49 PM
 
Location: Fairfax, VA
3,826 posts, read 3,372,203 times
Reputation: 3694
Quote:
Originally Posted by tleehoffman View Post
We currently reside in Berkeley County, West Virginia. At our last HOA meeting the board and members voted to increase the dues by 100% (I doubt 2/3's of the development was there to vote on this matter, but I'm not sure at this time).

Is this legal in the Stat of West Virginia? I was unfortunately out of town, so I wasn't able to attend the meeting. With this said, I actually agree to the increase, but I'm not sure if this was a lawful action, especially since zero notice was given for the increase prior to the meeting.

The increase is to pay for resurfacing the development, so this is why I agree, but we need to get all members in agreement, or we will be filling a lot of liens against homes, which I would like to avoid.

Let me know your thoughts, I'll try to get a copy of our CC&R, but currently curious where the state law stands on this matter.

As communtiies get older, maintenance costs will increase. Your HOA may have been artificially low for years and so there may not have been suffiecient reserves to actually take on any major projects other than shrubs in common areas and snow removal. How much money are we talking? My HOA fee is $130/month.
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