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KarenT (Washington)
Posts: 250
Posted:
The past Board gave notice to a homeowner that services would no longer be provided until all dues and liens were paid in full. The new Board (who says they are not a "punishment" board) has then turned around and told this homeowner their servies would not be cut - totall undermining the past board.

The reason the old Board made this decision is that this homeowner has made no attempt to pay the 2 liens on her property totalling approximately $1600.00 and now has quit paying the monthly dues completely. This infuriates several of us homeowners and just lets this person know they can get away with not paying even more. The new President has only lived in Washington State for 1 year and has owned the house for 3 months. Her first comment to us was "If I knew my dues were going to increase I would never have bought in a HOA" She has no experience whatsoever and thinks she knows all the state laws and is quite good at quoting them, but totally out of context. She thinks the old Board made decisions to collect from this homeowner without consulting the HOA attorney. Everything for 3 years has gone thru the HOA attorney. There also was a special meeting of the entire membership (12) owners - to vote to collect and this homeowner was notified in writing from the HOA attorney that the majority voted to collect including foreclosure. This homeowner is now just laughing away because she now is playing this new board like a fiddle - the President is a total marshmallow and even said at the meeting when she volunteered that she would not enforce the rules. We are so frustrated we are seeing RED! No one else would volunteer (3 Presidents have resigned recently, one being me who was in that position for 6 years with no help - was Pres, VP, Sec and Treasurer because they all felt I had the experience. The other 2 resigned after one month each. This homeowner was also in foreclosure from her lender but evidently arrangements were made and the lender did not actually foreclose. This homeowner has had her utilities turned off, has several judgments against her and she is really working this new President. She is getting all services for free while the rest of us just had our dues increased to $150.00 per month.

Any comments or suggestions are welcome!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Karen,

I went through a three year battle on an issue and after one director wasn't re-elected, the Board changed their opinion and agreed with my argument on the issue.

Future Boards are stuck with any decision from a previous board that is finalized (design change approval, signed contracts, etc.). However, any action that is still pending, a new board can, if they chose, go in a different direction then the previous board, providing that they are still in accordance with the Associations governing documents and any State or Federal laws.

It can be difficult when you have established methods and procedures for something that are not followed when you decide to leave the issue to others. That's life and unless you wanted to stay on the Board until you moved, you will need to let it go or deal with the ulcers from being frustrated with things out of your control.

Remember, she had her fees increased as well. Even if she isn't paying them now, they will be paid later.

Tim

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