HomeAdviceFinance & Legal InfoCan an agent enforce payment of non mandatory POA dues?
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Can an agent enforce payment of non mandatory POA dues?

My community has a POA. Our covenants have no mandatory dues written or listed anywhere in them. Our POA board interchanges the use of HOA/POA terminology to illicit mandatory dues from property owners selling their homes and land. The POA a few years back hired a property management company who were also real estate agents to manage the financial side of the association. In doing so they were given a set of bylaws stating the association had mandatory dues. These bylaws did not align themselves to our covenants. Anyone not paying those annual dues were told they would have to pay when selling their property at closing. The management company shared this information with all the other realtor groups in the county. Also, informing title companies there was a transfer fee to be paid by seller at time of closing. If the seller refused to pay any " outstanding" fees the sale of property could /would be jeopardized and risked the sale not going through. This situation is illegal, the covenants do not subscribe to mandatory fees of any description in the entirety of the document, and therfore real estate companies have no right to enforce this and should stop demanding this from sellers. How can we stop real-estate agents giving potential buyers false information about mandatory dues and transfer fees, and forcing sellers to pay for fees that are not mandatory?

Asked by Fiona Vaughan | Sevierville, TN| 10-21-2024| 419 views|Finance & Legal Info|Updated 1 year ago

Answers (3)

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Barrett Henry

RE/MAX Collective · Tampa, FL

(6 reviews)
This is a legal dispute that needs a real estate attorney, not a real estate agent's opinion. If your covenants genuinely do not include mandatory dues and the POA board and management company are fabricating obligations that don't exist in the recorded documents, you have a strong legal case. The covenants are the governing document, and anything the board or management company adds through bylaws that contradicts the covenants is likely unenforceable. Hire a real estate attorney who specializes in HOA and POA law in your state to review your covenants, the bylaws, and the actions the management company has taken. If the attorney confirms the dues aren't mandatory, they can send a cease-and-desist letter to the management company and the POA board, and notify the local title companies and real estate brokerages that the transfer fees and mandatory dues are not supported by the covenants. If multiple property owners in your community are affected, consider organizing and splitting the cost of legal representation. A single attorney letter on behalf of a group of homeowners carries more weight than individual complaints.
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03-27-2026 (5 days ago)··
Julianne Clark

Charter One Realty · Beaufort, SC

(48 reviews)
Sounding like you and your frustrated neighbors need to consult legal advice through a local real estate attorney familiar with the area, community and has handled closings in the community. I can understand your frustration and really do not think you will get the answer you are looking for on this forum. To many unknown variables and all states have different laws pertaining to property management.
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10-27-2024 (1 year ago)··
Amanda Courtney

REP Realty Group · Fort Myers, FL

(13 reviews)
No, an agent can’t enforce payment for a non-mandatory POA, but they can help clarify whether the association is truly voluntary or not. Sometimes joining a POA gives access to community benefits like amenities, landscaping, or maintenance that can help resale value later. Always review the community’s governing documents before deciding.
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10-22-2025 (5 months ago)··
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