Unexpected holiday boost for cash-strapped Americans just weeks before $490 monthly HOA fees set to come into force

AT a time when most are focused on buying and wrapping gifts, potentially losing your home is likely the last thing on your mind.

Unfortunately for some United States homeowners, this was the reality they faced as a massive increase in homeowners association fees loomed over the horizon.

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Homeowners in the community rallied against the dramatic increase in monthly duesCredit: 8 News Now

The community attempted to use state law to their advantage by making a petition against the increaseCredit: 8 News Now

The HOA had proposed a significant increase in monthly dues from $275 to $490 at a time when holiday season shopping leaves many strapped for cash.

“None of us could afford that problem and the only people that seem to want to afford it were the HOA people that work here,” said resident Denise Holden to local CBS affiliate KLAS.

However, residents of the Las Vegas community against the increase did have an out thanks to Nevada law which allows a budget to be overturned if a majority of homeowners signed a petition to do so.

For the Bavington Court community, this threshold was 137 signatures. Thankfully, they were able to go well beyond this by gathering 151 signatures in total, much to the relief of the neighborhood at large.

“More than a relief, it’s fantastic because I thought I was going to lose my home and everything else, and I’m just so grateful everyone joined in,” said Holden in celebration.

However, the fight isn’t quite over yet, as there’s no specific cap on the percentage by which HOA fees can increase annually per state law.

In other words, a similar battle could take place again next year, but residents are ready and willing to start the process all over again.

“If it stops it for this next year at least, I have time to prepare for the next one and we know that we could do it, so hopefully it works again,” said three-year local to the neighborhood Christy Escamilla.

What residents were unable to stop is the HOA’s special assessment fee, a mandatory charge that helps pay for major repairs or projects that will still move forward.

Although state law doesn’t mandate homeowner approval for these charges, residents are instead pushing for clarity on how the Bavington Court HOA plans to spend this money.

HOA crackdowns in the US

States across the country are working to restrict the power of HOAs.

• In Minnesota, lawmakers introduced a bill that would require HOA boards to create a schedule of fines and fees and distribute it to homeowners; ensure homeowners can contest an HOA fine; provide reasonable time to correct rule violations; and outlaw the practice of charging homeowners for asking questions.
• In Arizona, lawmakers are cracking down on HOA budgets. Under a newly proposed law, HOA boards would have strict guidelines for how they approve expenses.
• In Florida, a bill was passed that restricts the amount of control HOAs have over tenants’ property. It also stops HOAs from fining homeowners for leaving trash cans out and holiday lights up.
• In Atlanta, bipartisan bills were introduced to reign in overly aggressive HOAs to protect homeowners.
• In California, a new bill requires HOA elections to be monitored and the board to comply with certain homeowner requests.
• In Colorado, new HOA rules require greater transparency between HOA board members and tenants.
• And the Federal Fair Housing Act sets housing standards for all homeowners, tenants, and landlords.

Bavington Court resident Denise HoldenCredit: 8 News Now

Bavington Court resident Christy EscamillaCredit: 8 News Now