LinB (South Carolina)
Posts: 1
Posts: 1
Posted:
We have a strange situation. I am a Board Member on our HOA (for nearly 2 years) and about 12 years ago when the subdivision was built, the builder, some homeowners and an attorney developed the HOA making dues-paying 'voluntary' (if you can believe!) instead of mandatory. I have only lived here for two years but it is a nightmare paying the electric bill for the lights and for lawncare for a common area at the entrance to the subdivision (parkway).
According to the covenants, we cannot change anything until December, 2015; however, we can only collect each year from approximately less than half of the neighborhood so each year, half of the residents pay to keep the lights on and the parkway looking nice to help all 75 homeowners. We pay because it is the responsible, RIGHT thing to do; however, we are running out of money and probably won't make it until the fiscal year begins in August.
We have just terminated lawncare in order to not have all the street lights turned off in a couple of months and we're probably going to keep the parkway trim by volunteers working it.
Is there any way to change the covenants to make it mandatory? Or, can we declare bankruptcy (Chapter 7 not 11), and start a new HOA with mandatory dues?
We have tried EVERYTHING to encourage non-payers to pay, but nothing seems to work. Any thoughts or ideas would be very much appreciated. Obviously we have no money for attorney fees unless there is something we can do ourselves through the court (filing with the magistrate, etc.). We would be willing to pay a little out of our own pockets if it meant getting dues from all homeowners, but are literally at our wits end.
The part I truly do not understand is that it is a very nice neighboorhood with custom homes - and it's beyond me why these people are not more concerned about their property values.
Thank you.
According to the covenants, we cannot change anything until December, 2015; however, we can only collect each year from approximately less than half of the neighborhood so each year, half of the residents pay to keep the lights on and the parkway looking nice to help all 75 homeowners. We pay because it is the responsible, RIGHT thing to do; however, we are running out of money and probably won't make it until the fiscal year begins in August.
We have just terminated lawncare in order to not have all the street lights turned off in a couple of months and we're probably going to keep the parkway trim by volunteers working it.
Is there any way to change the covenants to make it mandatory? Or, can we declare bankruptcy (Chapter 7 not 11), and start a new HOA with mandatory dues?
We have tried EVERYTHING to encourage non-payers to pay, but nothing seems to work. Any thoughts or ideas would be very much appreciated. Obviously we have no money for attorney fees unless there is something we can do ourselves through the court (filing with the magistrate, etc.). We would be willing to pay a little out of our own pockets if it meant getting dues from all homeowners, but are literally at our wits end.
The part I truly do not understand is that it is a very nice neighboorhood with custom homes - and it's beyond me why these people are not more concerned about their property values.
Thank you.