Question:
How long do you have to pay an assessment for the Association if it is not stipulated in the by-laws. And do I have to pay an assessment to the Association that they are going to use for a lawyer to represent them against myself in a small claims court claim? Thank you for your help.
– Annelie
Answer:
As per Section 479-A:9 the New Hampshire Unit Ownership of Real Property Act, “The common profits of the property shall be distributed among, and the common expenses shall be charged to, the unit owners according to the percentage of the undivided interest in the common areas and facilities.” If your HOA falls under this Act, then this provision applies to you.
Generally, HOAs do have the power to collect dues from homeowners. However, it may be difficult for an HOA to collect assessments from homeowners if the governing documents don’t explicitly grant the HOA this authority. However, it may depend on a few factors, so it is best to consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
