Can condos double maintenance fees for units rented out?

[belou]

What is the name of your state (only U.S. law)? Washington State

Can an association create a monthly expense for the maintenance of the common area that only applies to rental units?

Our condominium charges a monthly maintenance fee equal for all units. The association has recently decided to add an additional monthly fee of the same amount for units that are rented. (We rent our owner.) They say the fee is justified because owners take better care of the common area.

Though they have listed minor maintenance activities (sweeping, light bulb changing) taken on by the owners, they haven't been able to clearly show why renters require double the maintenance fee. When pressed they say there is extra wear and tear because renters lack pride in ownership and their is no commensurate maintenance by the owner.

We don't disagree that renters might add more wear and tear, but we have a hard time believing it is double. And since there is only a small minority of rented units, we don't see anything stopping them from increasing the fee even further in the future. It is pretty scary when the majority can vote for expenses they don't have to pay.

Our complex was built before 1990 and is governed by the
Horizontal property regimes act

Chapter 64.32 RCW: Horizontal property regimes act (condominiums)What is the name of your state (only U.S. law)?

 

[HomeGuru]

What is the name of your state (only U.S. law)? Washington State

Can an association create a monthly expense for the maintenance of the common area that only applies to rental units?

Our condominium charges a monthly maintenance fee equal for all units. The association has recently decided to add an additional monthly fee of the same amount for units that are rented. (We rent our owner.) They say the fee is justified because owners take better care of the common area.

Though they have listed minor maintenance activities (sweeping, light bulb changing) taken on by the owners, they haven't been able to clearly show why renters require double the maintenance fee. When pressed they say there is extra wear and tear because renters lack pride in ownership and their is no commensurate maintenance by the owner.

We don't disagree that renters might add more wear and tear, but we have a hard time believing it is double. And since there is only a small minority of rented units, we don't see anything stopping them from increasing the fee even further in the future. It is pretty scary when the majority can vote for expenses they don't have to pay.

Our complex was built before 1990 and is governed by the
Horizontal property regimes act

Chapter 64.32 RCW: Horizontal property regimes act (condominiums)What is the name of your state (only U.S. law)?

**A: that sounds kind of strange. Where is the document that approves this?
It may not be legal at all.

 

[belou]

The declaration says common expenses are to be paid based on percentage (sq ft.) except for special assessments that can be levied on particular units.

Maybe they can call it a "special assessment" to get around the clause? Or perhaps if we make a stink they will just change the declaration to say common expenses are paid based on how the Board sees fit. It would only take a 67% vote, and I think we only have about 14% sympathetic to us.

 

[DAD10]

No. Not legally.

 

[HomeGuru]

The declaration says common expenses are to be paid based on percentage (sq ft.) except for special assessments that can be levied on particular units.

Maybe they can call it a "special assessment" to get around the clause? Or perhaps if we make a stink they will just change the declaration to say common expenses are paid based on how the Board sees fit. It would only take a 67% vote, and I think we only have about 14% sympathetic to us.

**A: you need to provide the actual facts.