Members Not Liable for Assessments Relating to Common Facilities

February 1, 2010
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Facts: Two members claimed that they did not know a homeowners association existed when they purchased their respective homes. The property deeds make no mention of the association, and the deeds contain no restrictions that require the owners to become members.

In addition, the association's governing documents state that any owner within the community “may become a member” of the association “upon submitting a letter of application and being accepted by a majority vote of the membership.”

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