Q The city owns property in a subdivision on which it operates a pump station for the treatment of wastewater. The city’s deed states that it is subject to restrictive covenants which contain an assessment for dues payable by the owners of real property within the subdivision. The property was not donated and the deed does not mention anything regarding the public utility purpose of the lot. Does the city have the authority to pay homeowners’ association dues assessed against the city?

A While a municipality may hold land subject to covenants restricting land usage, a municipality has no duty or authority to pay homeowners’ association dues on property being used for a public purpose, such as a pump station for the treatment of wastewater, regardless of how the property was acquired. (Attorney General’s Opinions to Manley, October 31, 2014)