Yesterday, my mail contained my 2004 Woodlands budget and a notice of a fee increase. The 2002 & 2003 fees of $173.65/year are being raised to $200.00/year in 2004, an increase of 13.175%.

The Fourth Amendment to the Declaration
of Covenants, Conditions and Restrictions, which is found at Book 8634, page 224 and re-recorded at Book 8643, page 675 R.O.D.C. provides that the maximum annual fee may not be increased each year more than 5% above the maximum assessment for the previous year without a vote of the members.

I'm a member of the association and I don't remember voting to increase the yearly fees above the 5% limitation. Does anyone remember voting to raise our fees ?

Fee Increase

Have you ontacted the Board / Ghertner about this, and if so, have you received a reply? This is an issue that should be explained, as I do not see any increase in services from the HA that would warrant an increase like this.
Regards, Andreas Ritchie

About the 2004 Increase

I didn't contact either the BOD or Joy, the property manager . I did discuss this matter on the internet bulletin board hosted by the Community Associations Institute (CAI). Both the property managers and activist homeowners that post there were alarmed at the illegal increase, especially when I posted that this assn has a CAI-trained property manager.

Joy must have known that while the BOD can raise the fees by 5%, any increase above that figure must be approved by the homeowners.

I wonder what is coming next- will the BOD start fining folks,notwithstanding the fact that the power to fine isn't present in the governing documents ?