Our community is split into three distinct communities, with a master homeowner association in control of the clubhouse, pool, and sports courts. One of the three communities voted approval to amend the offering plan and bylaws to take fiduciary duties from the board of directors, and manage their property by themselves. The above facilities (clubhouse, pool, courts) sit on land within that independent community. Why do homeowners who voted to manage their own community have to fund operations of a facility on their property used by the other two communities with no compensation? Our water is used to irrigate the lawn, our roads are used to gain entry to the clubhouse and our lots are used by guests to park in.

Often when the same builder builds communities next to each other, they each have their own association, and there is also a master association over all three. Usually, there are common utilities or easements or amenities. One association cannot opt out of the master association unless it follows the provisions of the master association’s governing documents. Further, anyone purchasing in a “subservient” association/community has notice of that via the public offering statement and attachments (if from the builder), or resale certificate and attachments (if from a seller). 

Sara A. Austin, Esq.
Austin Law Firm LLC
226 E. Market St.
York, PA 17403
Phone: (717) 846-2246
Fax: (717) 846-2248 
saustin@austinlawllc.com

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My advice is to have legal counsel examine the master declaration and the individual neighborhood declarations, and any other recorded documents and plats related to the community, and then advise you of the respective parties’ rights and obligations. The question cannot be appropriately addressed without that review.

Stephen R. Buschmann, Esq.
Thrasher Buschmann & Voelkel
Market Square Center
151 N. Delaware St., Suite 1900
Indianapolis, IN 46204-2505
Phone: (317) 686-4773
Fax: (317) 686-4777
Buschmann@indiana-attorneys.com
http://www.indiana-attorneys.com