If done properly, it appears that landlord members of an association can be charged a "renter's fee" for the burden their tenants place on the association. In the case of Ken Watts v. Oak Shores Community Association a five-week bench trial on this issue resulted in a well-reasoned decision. As was noted by the court the association fully justified its rental fees. It must be noted that this is a lower court decision so it cannot be cited for authority but it provides some insight on this issue.

RECOMMENDATION: As long as an HOA can show that fees related to renters are reasonable and merited (and not plucked out of thin air) this case demonstrates that such fees can survive a legal challenge. Boards should be cautioned not to levy fees on renters "just because." They should consult with legal counsel to evaluate if the association has a legitimate basis for such fees.