My understanding is that it has always been that way. If you have sections of the division that handle work for different tasks, some that are related to the program, like dues, and such, and others are not, like the servicing of loans, etc., then they can decide how to cover those. Similar to how a share resort functions....each gets charged their share....
It is why MS CM's can handle booking of special events for things like MM becaues they are funded by both dues and DVD.
Bas on what I have gathered, DVCMC LLC gets their earnings from different sources.
They earn the 12% of the operating budget for each association, they earn money from rentals from their points, they earn money from DVD to handle their adminstrative tasks, and they get money from breakage. Its possible they get funding from others as well.
As I have mentioned, DVCMC does not have to account for how they spend our 12%....they just have to provide us with the service that is contracted for.
I am in the process of trying to find my hard copy of the property management agreement, just to see what it says. But, if there is nothing in there that says that we are paying them already for whatever they are charging for....and we are still waiting to get more information on exactly what it is.
Could they simply continue to do it like always? Yes, but it means the cost comes out of their earnings and why would they do that? Why would they take on the extra costs for something they are not contracted to do....assuming I am correct in that the property management agreement does not already list this as a responsbility for them.
All of this is assuming that the statute that was brought up does not apply....which, as I said, I am leaning toward it not because its not the association instituting a fee....and its not really much different than the title companies charging for their role in the process, other than its DVCMC. But, that would be a legal issue for others to figure out.
Let's be honest....DVCMC isn't going to increase thier costs to reduce their profit unless they are obligated to do it. Obviously, up until now, the cost to do this has been rolled into DVCMC's budget....for whatever reason, they now plan to charge for the work.