Question:
Can an HOA raise dues to whatever they want. The president owns 29 out of 50 units and increased the dues by 115%.
– Nina
Answer:
Hi Nina,
According to the Texas Property Code Section 204.010(16), the HOA may increase the maximum regular assessment annually (or accumulate and assess the increase after a number of years) if the governing documents allow. Kindly check the governing documents if this is allowed.
Moreover, Section 209.0051(h)(5) states that the board cannot consider or vote on increases in assessments unless it is done in an open meeting for which prior notice was given to owners. This means that while the board can raise assessments, the homeowners should be aware of the act as it is discussed in an open meeting.
Apart from these, you may check the governing documents for provisions related to assessments. Some may include restrictions to raising dues while others may require a vote from the membership. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.