Can they send me a bill for not volunteering?

UPDATED: Sep 30, 2022

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Can they send me a bill for not volunteering?

The HOA sent it’s property owners a bill called a maintenance fund. It states that there is not enough commenters so we are to pay this. If we adopt and clean a lot that is in bad need of

cleaning we don’t have to pay $144. I am disabled so I can not do the work. Isn’t that

discrimination? Can they do this?

Asked on July 21, 2016 under Real Estate Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Homeowners are a completely different entity than governmental entities.  Their authority is derived from deed restrictions and meetings/by laws of the association.  As long as they don't target a specific group, then any rules they impose are permitted.  The rules that they have imposed place a financial hardship on those with limited time or funds... depending on which group a homeowner falls in.  However, the rule does not rise to the level of violating a federal discrimination law because it doesn't single out a particular group--either group is subjec to a potential hardship. 
Regardless, if you are not happy with the rule, then you can seek to be placed on the agenda at the next homeowner's meeting and ask for a change in the rules.  Many people are consistently frustrated by homeowner's associations and don't realize that they have a right to attend meetings, ask for changes, or even run for a board position.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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