Why is it hard to raise homeowners dues?

Nov 17, 2022 Last reply: 3 years ago 11 Replies

Why is it set up to be hard to raise homeowners dues?



Ever since I got here, my HOA has been burdened by the difficulty of raising the dues, even to just keep up with inflation. The original owners all had a good income, but they still didn't want to pay.



Many planned on moving in a few years, maybe after their second kid, and if there wasn't a lot of money saved to pay for repaving the streets after they had gone, it was no skin off their nose.



It takes iirc 50% of eligible voters, which is everyone who is not behind on the current dues. People who don't vote are equivalent to No votes.



Do all HOAs and condo associations have similarly strict rules? With no allowance for inflation?



If not all HOAs have the same sort of rules, are there specific reasons why in some cases they make it more difficult?


(FWIW, this is an HOA, and it's not responsible for individual homes or yards, It pays for lawnmowing etc. of common areas, snow plowing of the streets, electricty for the street lights, management company, lawyer, annual audit, and every 10 or 20 years, repaving the streets, which we own, etc.)


That answers your question.

No. I was president of a condo association, all it took was a majority vote of the board and there was never any real disagreement.

The builder put that in place, maybe so that they can point to that to help entice people to buy. But then HOA's are known for getting out of control, so maybe it was done for that reason.. Requiring a majority to raise the dues doesn't seem like a great burden. If people don't want it, then they get whatever level of service can be provided.

So to fit the budget they should stop doing the mowing first, see how that goes.

When I was president of our HOA we managed to get the road turned over to the state and all that remains today is snow plowing. That is partially subsidized by the state and HOA is billed ad hoc whatever it costs.

Friend in larger neighborhood with road responsibilities tells me of all those that refuse to pay, have liens on homes put on by HOA.

Maryland has a "condominium act" which is a legally enforceable state law. It provides lots of structural requirements for how condos and their HOAs must function. I suspect many states have similar regulations. Bottom line here is that much depends on the fiscal competency of the board members. In our high rise condo (approx. 200 units), our annual assessment only went up about 2.5% compared with our cost last year. We have a huge reserve and in the 32 year history of the condo, there's never been a need for a special assessment. Two of the best features (among many) here are the consistent high quality and dedication of the board members over the years and the superb management company that was hired years ago. If you don't have owners with the fiscal talent available and willingness to serve on your board, it may actually save the unit owners money to hire an experienced accounting and fiscal management consultant to review how your board configures and manages the hoa's budget.

Some are exposed to life-long Alumni scenarios that don't allow for much wiggle room, I guess.

I will report this to the board of my HOA. It explains why some n'hoods have money enough to keep everythign nice and we don't. It's not our lack of management skills.

There is something called a Budget Amendment that can bring in more money, with only the board's vote. I think it's only a one-time boost per vote, but not sure. The first 30 years I lived here, no one mentioned it at all.

I didn't think of that. I have the brochure - the original owner saved all that stuff and gave it to me -- but it doesn't get into money. It would be something the saleman said verbally.

I did think of that, but I appreciate the confirmation. I will suggest both reasons to the board.

Unrelated to bylaws, where my brother used to live, before he got there, some officer of the condo association skipped out with thousands of dollars. Better bylaws wouldn't have helped, Hmm. I don't think D&0 insurance paid for the loss. "Intentional illegal acts or illegal profits are typically not covered under D&O insurance policies; coverage would only extend to "wrongful acts" as defined under the policy, which may include certain acts, omissions, misstatements while acting for the organization. Because of exclusions and as a matter of public policy, coverage is not provided for criminal fraud. " I wonder if there is any insurance that would have reimbursed them, or how they are to prevent this. Requiring two signatures? For amounts above a certain number.

A lof of people planned to move in 2 or 3 years anyhow. Others these days are financially hurting.

There are 6 to 8 blocks worth of houses, and two entrances. 4 or 5 don't even see the areas that the HOA mows. I don't think they'd vote to raise the dues just because our third was a mess. I'll get back to you to let you know what happened, in a couple years.

Even so, its still just a guess.

The Maryland Condomium Act includes the following text:

"§ 11-109.2. Annual proposed budget. (a) Preparation and submission. — The council of unit owners shall cause to be prepared and submitted to the unit owners an annual proposed budget at least 30 days before its adoption. (b) Items required to be included. — The annual budget shall provide for at least the following items: (1) Income; (2) Administration; (3) Maintenance; (4) Utilities; (5) General expenses; (6) Reserves; and (7) Capital items. (c) Adoption. — The budget shall be adopted at an open meeting of the council of unit owners or any other body to which the council of unit owners delegates responsibilities for preparing and adopting the budget. (d) Certain expenditures in excess of 15 percent of budgeted amount to be approved by amendment. — Any expenditure made other than those made because of conditions which, if not corrected, could reasonably result in a threat to the health or safety of the unit owners or a significant risk of damage to the condominium, that would result in an increase in an amount of assessments for the current fiscal year of the condominium in excess of 15 percent of the budgeted amount previously adopted, shall be approved by an amendment to the budget adopted at a special meeting, upon not less than 10 days written notice to the council of unit owners."

However, the act is silent on the magnitude of reserves, the assurance that "maintenance" and inspections are adequate and competent to disclose "a threat to the health or safety of the unit holders or a significant risk of damage to the condominium..." and other details that are the outcome of good management. If a condo doesn't generate and pass a budget sufficient to "keep everything nice" despite many unit owner's desiring a nicer condo environment, it again is a consequence of inadequate skill in management. Many unit holders typically have spent most of their adult lives residing either in apartments or in single family residences. They probably don't have the background or knowledge to manage a multi-family facility and therefore require the assistance of paid expert consultants and/or a competent management company to ensure that things are done consistent with law and with the desires of the unit holders within the limits of what the unit holders are willing and realistically able to pay in HOA fees. Large condos may have annual budgets in the millions and require millions in reserve funds to "keep everything nice" and ensure a prudent financial posture that minimizes or even eliminates the requirement for special assessments or excessive annual increases in HOA fees well beyond the increase in annual cost of living. In our general area, the nicest condos have much higher monthly HOA fees than the shabby condos. When everyone acts legally and in good faith, you get what you pay for. Also, the nicest condos preserve and even increase their resale value much better than the shabby ones. Management does matter.

You can download a pdf file of the entire 2018 MD Condo Law here:

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Note that the section dealing with mandatory insurance coverage was updated in 2020 from a unit owner's liability of $5K to $10K. I don't believe there were any other significant modifications made to the 2018 law. Although not in pdf format, the entire current law can be accessed one section at a time at:

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Happy reading if you get bored with your Thanksgiving company :-)

A shortcut to all that reading might be to ask previous owners of that property.

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