Can HOA Assessments Be Waived?

Question: An owner recently died and several board members believe the HOA should waive the monthly assessment for the widow. Is this permissable?

Answer: The board has authority to make reasonable compromises on payment of HOA debts. But there is no debt issue here. So, if the board feels strongly about this, it should pass the hat to raise private money for the widow. The money should not come from the HOA pot.

Question: We have a member that requested copies of HOA records which, granted, he is entitled to see. He was quoted a reasonable price per page of 10 cents which includes the copies and the manager’s time to produce the copies. He showed up at the next board meeting claiming he was entitled to the information for no charge.

Answer: It is reasonable for the HOA to charge a fee for photocopies. His grandstanding at a board meeting doesn’t change the fact that this is a special request and not routine HOA business. As such, he should pay a reasonable cost. Of course, he could save the money by simply reviewing the records he’s interested in. Requesting piles of paper is a common intimidation tactic.

Regenesis publishes The Regenesis Report, a monthly newsletter for HOA boards, developers and managers. To subscribe, go to Regenesis.net. He can be contacted by email at rich@regenesis.net.

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