Petition against Brickyard HOA fee increase.
Petition against Brickyard HOA fee increase.
Lennar Corp Brickyard HOA has increased the 2020 budget and therefore resulted in unjustified high HOA fee increase. The HOA fee in our community has increased twice already since I purchased my home in 2017. The size of our community has increased but the community ammeneties remained almost the same. The HOA also advised that single home families will no longer receive lawn service. The community is taking steps to protest against the unjustifiable HOA fee increase and lack of clarity in the 2020 budget increase . See more details below...
Petition to Contest Monthly HOA Dues Increase
Brickyard Station Homeowners Association
11300 Rockville Pike, Ste 907
Rockville, MD 20852
Beltsville, Maryland, USA
We the people of the Brickyard Station Homeowners Association submit and sign this petition to contest the increase in our monthly HOA dues from $105 to $125, a 19% increase, effective on January 1, 2020. Additionally, the increase eliminates the Single Family homes lawn care which Lennar homes sold us on and committed to as part of our purchase.
A homeowners association (HOA) is an organization in a subdivision, planned community or condominium that makes and enforces rules for the properties and their residents, in order to maintain cohesion within the community. Those who purchase property within an HOA's jurisdiction automatically become members and are required to pay dues, known as HOA fees. HOA fees are part of the HOA’s annual operating budget and are used for the operation of the HOA.
In advance of the fee increase by the HOA, a meeting was scheduled for residents where the budget was approved, however, the time of the meeting was on a weekday morning (Thursday, December 19th 2019 at 11 AM) which was a hindrance for optimal attendance by many homeowners due to work commitments. In addition, the HOA did not provide opportunities for residents who were not able to attend physically to participate, citing "In anticipation of a great turn out and to avoid confusion there will be no call in option for this meeting." The deliberate choice to plan and execute the meeting at a time when participation from the community was low, minimized the voice of community members in contributing to the budget approval process.
We hereby submit this petition in assertion of our rights pursuant to the Maryland Homeowner’s Association Act as follows as it pertains to the Annual budget:
§ 11B-112.2. Annual Budget. (a) Applicability. — This section applies only to a homeowners association that has responsibility under its declaration for maintaining and repairing common areas. (b) Preparation and submission. (1) The Board of Directors or other governing body of a homeowners association shall cause to be prepared and submitted to the lot owners an annual proposed budget at least 30 days before its adoption. (2) The annual proposed budget may be sent to each lot owner by electronic submission, by posting on the homeowners association’s home page, or by including the annual proposed budget in the homeowners association’s newsletter. Maryland Homeowners Association Act 2016 22 (c) Items required to be included. — The annual budget shall provide information on or expenditures for at least the following items: (1) Income; (2) Administration; (3) Maintenance; (4) Utilities; (5) General Expenses; (6) Reserves; and (7) Capital expenses. (d) Adoption at open meeting; notice. (1) The budget shall be adopted at an open meeting of the homeowners association or any other body to which the homeowners association delegates responsibilities for preparing and adopting the budget. (2) (i) Notice of the meeting at which the proposed budget will be considered shall be to each lot owner. (ii) Notice under subparagraph (i) of this paragraph may be sent by electronic transmission, by posting on the homeowners association’s home page, or by including the notice in the homeowners association’s newsletter. (e) Certain expenditures in excess of 15% of budgeted amount to be approved by amendment. — Except for an expenditure made by the homeowners association because of a condition that, if not corrected, could reasonably result in a threat to the health or safety of the lot owners or a significant risk of damage to the development, ***[any expenditure that would result in an increase in an amount of assessments for the current fiscal year of the homeowners association in excess of 15% of the budgeted amount previously adopted shall be approved by an amendment to the budget adopted at a special meeting for which not less than 10 days written notice shall be provided to the lot owners.]**(f) Authority of homeowners association to obligate itself for certain expenditures unimpaired. — The adoption of a budget does not impair the authority of the homeowners association to obligate the homeowners association for expenditures for any purpose consistent with any provision of this title.
By signing this petition: I agree that I am either a Home Owner in the Brickyard Station Community located along Muirkirk Road and Brickyard Station and or pay Home Owners Association Dues. This petition is a reflection of the people that pay dues to Brickyard Station HOA, who believe that the $20 increase to our monthly dues is excessive, and that the elimination of the lawn care service from the Single family homes is unwarranted. Based on the foregoing, we respectfully contest the increase and ask for:
A thorough explanation for the fee increase.
A stop on the increase until a meeting that is scheduled that is optimal for majority homeowner participation.
Restoration of the Single Family Homes Lawn care service.
We anticipate that our petition will be received and analyzed objectively.