ArcaMax

Q: We rent a unit in a development that used to charge us $100 per month for the amenities. They recently raised the fee to $300 — a huge increase.

Needless to say, homeowners like us, who rent strictly under association rental guidelines, are stunned by this impossible increase and all our requests to reconsider these draconian increases fell on deaf ears of an inconsiderate board.

Can a board force a tenant to pay for the fee even if he does not want them? In all our surrounding communities this fee is covered through the association dues the homeowner/landlord pays. We are the only exception. Is the increase reasonable? Can we take legal action against the association?

A: Community associations come in all types, shapes and forms. While you may be the exception in your area, you rent in an association where they have decided to unbundle the way they charge for their assessments and amenities.

When you live in a homeowners association, all owners and renters generally receive the right to use all of the amenities available to them. In some cases, they may make exceptions for certain amenities, like a golf course or party room, and charge for that amenity on a per-use basis. For example, if you want to have a party and use a party room, the association might charge a separate fee for the use of the party room.

Some golf communities will charge extra for each round of golf. And, when it comes to pools, spas and clubhouse usage, we can see how some associations may simply include the fee with the assessments. Others will charge separately for it. Sometimes, associations simply follow the manner in which the billing was set up by the real estate developer.

So, we don’t find it strange to hear that you’re getting billed for access to these amenities. While you may not like that the association decided to triple the monthly cost for the amenities, you can’t do much. Associations have broad leeway in deciding when and how to bill their members or tenants. We think it’s possible that the association increased the dues to pay for renovations or other improvements to the common areas. They may run the operations of the common areas with the money they take in and not from the general assessments. There’s no way to know.

The board may have decided that the fee was too low and after looking at the cost to run the amenities, decided to increase the fee to cover the expenses.

As far as not using those amenities and still getting charged for them, that’s pretty standard. When you live in a development that offers these amenities and the association charges a fee, the fee is there whether you use the amenities or not.

As a tenant, you likely don’t have the ability to fight this other than if there is a specified amount for the amenities in your lease agreement. If you feel that you have legal justification for some wrongdoing that has gone on with the association, you can talk to an attorney that concentrates their practice in homeowners associations and get an opinion. You’ll likely have to bring copies of the governing documents along with the rules and regulations and any other documents you have kept relating to the assessments and other fees charged to you, in addition to your lease.

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(Ilyce Glink is the author of “100 Questions Every First-Time Home Buyer Should Ask” (4th Edition). She is also the CEO of Best Money Moves, a financial wellness technology company. Samuel J. Tamkin is a Chicago-based real estate attorney. Contact Ilyce and Sam through her website, ThinkGlink.com.)

©2025 Ilyce R. Glink and Samuel J. Tamkin. Distributed by Tribune Content Agency, LLC.