Using HOA Funds to Maintain Borrowed Property

Question:

If an HOA has property that belongs to the original landowners and has permission from said landowners to use the property as long as the HOA maintains the property, can the HOA use funds to maintain the property? The neighborhood has voted to use HOA funds to hire a contractor, bonded and licensed, to maintain common area as well as the land of the original owner. Is it legal to use those funds?

– Kathleen

 

Answer:

Hi Kathleen,

If the property is a common area and can be used by all owners, then the HOA can generally use association funds to maintain that property. It really depends on your governing documents, too. Check your bylaws and CC&Rs to understand what counts as common expenses and common elements.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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