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HOA is attempting to purchase water rights to keep a pond on common ground filled. Currently they rent the water rights. I do not use the pond in any way and my house is miles away. A few people who live near the pond have voted (with proxy votes) to buy the water rights. There is no mention in the CC and R of purchasing water rights, it specifically outlines what HOA dues may be used for, and purchasing water rights is not listed, just maintenance of the common areas, snow removal, the usual things. Do I have a case to prevent this? I would not have purchased the house if I had known the HOA would pull something like this. They have increased the dues 300% and now we are paying over $3200 each per year, mainly just to keep this one pond maintained and stocked with fish (I do not fish personally). Thank you for your insight.
Sep 4, 2020
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

Bases on your facts it seems that the HOA is operating beyond the limits of it's authority. As such you would likely be successful in a lawsuit to stop this action. I recommend that you contact us to schedule a free case assessment with one of our Attorneys (we only represent homeowners against HOAs not HOAs against homeowners. Just call 303-688-0944 (24/7) to schedule or https://calendly.com/case-assessment/case-assessment.

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