Neighbor in arrear of over $10k in dues... is stirring issues.

Started by FionaC • 5 replies • 1819 views

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FionaC (California)
Posts: 212

Posted:

Our building is a three story building with units stacked upon each other. Meaning my unit is the same as below etc.

My neighbor below me is knowingly behind on his dues to more to the tune of $10k. I left the board last year in July. At that time he was 13K in the hole and all the board could due to the California law was file a lien on his unit. This was done as far as I recall. The unit is still occupied by the owner and he resides here.

Saying that, about 2 years ago or even more, I noticed when I looked over our balconies that my arrear neighbors wrought iron posts were extremely rusted. I turned this into the board as I was a member, nothing was ever done to this day. ( our cc&rs are very elusive. It can be interpreted that this is a board cost, but it depends on how you read the darn ccrs. )

Yesterday. My neighbor approached me in the garage. He told me that there is a "leak" from my balcony onto his which has caused the damage. He also said the management company has been trying to reach me for over a week to get ahold of me over this! ( not true the management company has all contact information)

I couldn't help but email our HOA Prez and PM over this. I was informed by my HOA Prez that because this man is so in arrear ( no uknown news to me because I recall the legal issues and filing a lien ) that the board is NOT GOING TO REPAIR HIS BALCONY.

I understand the frustration the HOA faces with bizarre dead beats like this, but they can be held liable if someone falls due to lack of maintenance on this guys balcony despite him being behind years in dues?

I fear this freakazoid is seeking a way to get his balcony repaired.. yes I have homeowner's insurance, but I be damned if I willbe blamed for his rusty rails. We live 1 mile from the ocean, and it's a bad fact.. these things rust without maintenance.

#1 Can my HOA board do this? I dont't recall anything in our CCRs about not maintain common property if a unit is arrear in dues.

#2 anyone can sue for anything,but can this guy make a claim his railing is rusted due to a leak? It's not existent.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Fiona,

Your Board is responsible for the upkeep and repair of all common area. Any board should always place safety issues above aesthetics.

Typically, since your board was made aware of the issue, if they choose not to properly address the issue and someone is hurt, the Association could be considered negligent. If the insurance company identifies that the Board was informed and purposely chose not to address a safety issue that they knew about, then the insurance might have an out in having to pay any claim. If that happened, then the membership would need to pony up the cash.

Since you have been informed that there is a leak on your balcony you may or may not be part of any negligence (depending on who would be responsible for investigating and repairing any leak.

Suggestion, put the item damage you noticed in writing and send it certified to each board member and the management office. Include in there that the individual mentioned a possible leak from your balcony and that the board should investigate. Why send it certified? Because you want proof if needed some day in court.

Tim

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Since he is not paying assessments, its likely he is not paying mortgage. Check the public records online to see if he was foreclosed on in the past 4 years. If he was, he will be out soon anyway.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Your HOA doesn't allow for foreclosure? At that amount, it's time to start looking at that option regardless if he owes money to the bank or not. Time to stop the bleeding...

Former HOA President

FionaC (California)
Posts: 212

Posted:

Quote:

Posted By MelissaP1 on 05/23/2011 2:24 PM
Your HOA doesn't allow for foreclosure? At that amount, it's time to start looking at that option regardless if he owes money to the bank or not. Time to stop the bleeding...

IN California. yes, HOA's can not forclose on homeowners in arrears with dues. The law does not support this.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By FionaC on 05/24/2011 8:38 AM

IN California. yes, HOA's can not forclose on homeowners in arrears with dues. The law does not support this.

Actually, from what I'm reading on Davis-Sterling.com, you can foreclose providing the amount is equal to $1,800 not counting late fees, interest, etc.. There is something called a single action rule and a statute of limitations for the collection (4 years).

Here are the links:

Page about Assessment collection

Collection Time line

Page about "single action rule"

Collections - Statute of Limitations

I would strongly suggest that the board confer with an attorney on possible avenues of collection.

Tim

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