This Rule and Regulation appears to conflict with the existing HOA’s governing documents.
1. HOA, by Delcaration, can impose reasonable fees.
2. Wear and tear happens over time. Wear and tear is not a single event. (See Blacks Law dictionary and Google “normal wear and tear”). If there is damage to the building, the unit owner is responsible for the cost of repairs per Declaration.
3. Prima facie, this is a fee to use the common elements. Each unit owner is granted in the Declaration an easement to use (ingress / egress) the general common elements. Declaration: if unit owners causes damage to general common elements, unit owner pays for cost of repairs.
4. This Rule is selectively enforced. Does not apply to unit owners whom are not moving in/out but are moving in / moving out new furniture, debris if remodeling, cabinets, etc.
The information provided is for general information and does not form an attorney-client relationship. See our .Bill HenryFounding Partner | 18 years of experience
Bill HenryFounding Partner 18 years of experience
If you would like to dispute your HOAs right to charge this fee or otherwise have this rule removed, we can help. The best way to get started is to schedule a free case assessment where our Attorneys who is very familiar with representing homeowners against HOAs can discuss your issue, your rights, risks, options, timeline, how we can help, costs, etc. Following this discussion you'll be in a much better position to determine how you wish to proceed. To schedule your free case assessment just call 303-688-0944 or schedule online at www.RobinsonandHenry.com/locations.
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