Question:
We have single homes and carriage homes under the same HOA. Both pay the same HOA monthly fee. Since single homes own their lot, meaning the dues are playing to maintain private land. Is this legal? Shouldn’t there be 2 different monthly fees since carriage homes do not own their lot. Thank you.
Answer:
Hi,
The Pennsylvania Uniform Planned Community Act Section 5314 states that assessment allocation is based on the common expense liability allocated to each unit. It also provides for special allocations regarding limited common elements, common expenses benefitting fewer than all units, cost of insurance in proportion to risk, and common expenses caused by an owner’s negligence or misconduct. However, it does not include special allocations based on whether or not the unit owners own their lot.
Kindly review the governing documents to verify whether or not such allocation exists. The governing documents may outline how the fees are calculated and whether or not carriage homes should have different fees. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
