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  1. #1
    Join Date
    Oct 2013

    Default Who Decides What Maintenance is Required With a Voluntary HOA

    My question involves a condominium located in the State of: NH

    My HOA is getting itself into a dispute with non-members of the HOA. The HOA is voluntary. Non-members agree that they must pay for reasonable and necessary work on the common road. The dispute that is developing is what is reasonable and necessary. The HOA literally argues that the HOA is the sole arbitrator of what is necessary and reasonable. They state that they are not bound by the dictionary definition of the word.

    Currently they are doing work that need not be done (according to the contractor doing the work) for many years to come. For example they just replaced a small bridge. There was no wear, tear or failure in the foreseeable future. The HOA believes they are setting a precedent of forcing people to pay for this bridge. Most people in the HOA just write the check and do not care while some non-members argue that the HOA does not get to spend their money arbitrarily. I agree that the HOA can do whatever they want but I cannot see how they can force others to pay for work that was not needed.

    Who is right? I think elective non necessary road work is not the expense of the non-member.

    Second question, the HOA feels that all of their expenses in running the HOA are the responsibility of all.

    OH! The HOA is not on anyone’s deed and there are no restrictions or covenants.

    Anyone have any experience with this?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Who Decides What Maintenance is Required With a Voluntary HOA

    If there is a common road, there's an easement. Tell us everything about the easement, including the grantee(s) and exact granting language.

    Does the HOA do anything other than maintain the road?

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