Receivership

Hi MoM:

If that takes place the association members will potentially be paying a high dollar attorney or other individual appointed to oversee the operations of the HOA. That individual will also set the dues/assessment amount and which will include any and all fees for themselves.

Your HOA does not want this to happen. I would suggest getting all owners together and discussing whether or not they will step up to the plate or do they all want to potentially spend thousands for some other entity to tell them what they will or will not do and how their business will operate.

If you purchase in an HOA you must be willing to participate as needed, otherwise they should never have bought in the first place.

MoM:

Just wondering how many units are there on your property?

Sounds like you have a very common problem owners who lack the desire to participate in the operation of their own property.

If your Board membership falls below that required by your documents this does not require you go into receivership. You don't turn yourself into the HOA police and volunteer your situation.

IF your property was placed in court ordered receivership this might result in an attorney or some other representative of the court being placed in the position to oversee the operations of your property. In some cases this allows this court appointee to be paid by YOUR property at some court approved rate of compensation. Or in some cases the attorney's hourly rate.

This might become quite a cost to your property.

I would make every effort to fill the needed position with anyone with a pulse and minimum body temp. and operate with whomever you have left on the Board.

I doubt any of the owners who are unwilling to serve might now make an issue out of the fact you have fewer members than required. As that would be stupidity I would hope that would not happen but there is always a chance someone on your property might be that dumb.

Work to find someone to take a Board position and don't dwell on what could or might happen with receivership.

True receivership is a tough pill to swallow. But sometimes that what has to happen. I'm not saying it the number 1 thing on the top ten list, but if your association is not functioning as intended then it may be necessary. Receivership is only temporary and will last as long as it takes to get either back on track or dissolved. That's all up to the membership. If association where perfect then there would be no need for a receiver or this site. Everything would be "just peachy" but this is the real world. Good luck.

Our association was in the same situation last fall, so I wrote an article on the subject in our newsletter - parts of which had some fairly strong language. It resulted in three homeowners coming forward (two live off site). A former board member who'd been dropped because she missed 3 meetings in a row (as required by our bylaws) also returned, but it seems she may be back to her old habits (if she misses in April, she's done for good)

So, you could try sending a letter or publish something about the costs in your newsletter, if you have one. Otherwise, you could just jack up the fees to pay for people to do things the Board should do - nothing like a kick in the wallet to make some people sit up and pay attention.....