loss of MiGS status

I am secretary of an 88-home lakefront HOA. Dues are due on 10/1 of each year. If payment is not received by 11/1, or if a payment plan is not set up with the treasurer, the member is no longer in good standing. When a member is not in good standing, they may not vote or use the beach or dock.

One property owner has not paid dues for the current fiscal year. The home is a Section 8 home, and the renter has three children. According to our bylaws, the owner and the renters have lost MiGS status. The renter's children have friends in our subdivision and, understandably, would like to use the beach with their neighborhood friends this summer.

Some neighborhood children are being told that the renter's children may not use the beach. This is causing embarrassment for the renter's children and all around awkwardness and hurt feelings.

I am sympathetic to the renter's children and feel that the ostracization, since it involves children, is not in the spirit of the bylaw about member in good standing. On the other hand, to allow a renter not in good standing to use the beach could show disrespect to the members who have earned beach privileges by paying their dues.

The renter has asked if her children may use the beach as guests of other members, and I don't know how to respond.

Please let me know how other HOAs would handle this situation.

It is unfortunate that the children do not get to go play and hangout at the beach with their friends due to the parents not paying their dues. However, using that same mentality, is like saying it is not fair my children can not go party with Paris Hilton because of our financial status.
The Owners have / had a solution to fix the situation, that is to make payment arrangements. Allot of us in the world suffer financially from time to time. We do our best, but as I was growing up, my family ate allot of beans in hard times, dressed in what we could afford and not all ways in fashion, and did without when others had.
I agree, the children should not be allowed to use the facilities. This may cause the parents to step up and find a solution, like communicate with the BODs and make some arrangements..
Our association would have filed a lien by now on the owners, securing our interest in the property. We have almost 2000 homes in our association. If an owner comes and says they are in financial distress and can only afford $1 a month until they get back on their feet and make that payment faithfully, we allow them to use the common properties and facilities.
Maybe one of the BODs should approach the family and offer a solution. Maybe you go to the owners and suggest a solution, they may not be aware of the payment plan.
No, the owners, their children, family or guest should not be allowed to use the beach and facilities, providing the CC&Rs you state has no caveat or other stipulations to the contrary.

I understand that the landlord has not paid. If you enforce this and stand firm, the tenants will pressure the Land Lord to pay up or he may loose the tenant.
Furthermore, the dues are 8 months or so past due. Your association should send the owner an intent to lien notice. And if he still fails to come current, then lien and proceed to foreclose.
I do not know the specifics of Michigan Law. But, in Florida we are required to have an attorney file the lien in the court house, clerk of courts.
Our association, since going to the automated software, charges the owner $150 special assessment fee for filing the lien. Our attorney charges $50, since the form is pre - filled out prior to him receiving it. All he has to do is "Rubber Stamp" and file. It cost us $12 to release the lien. So, we net a $88 for the association. Since we went automated and no one can manipulate the system and it sees no excuses, our recovery went from about 50% to around 95%.
Bottom line, no matter who is at fault, the owner or tenant, they must comply with the CC&Rs unless they request a variance and can show due cause to support the variance, and the association BOD approves such variance.
As a Former HOA BOD member and an advisor to our BODs, I would not recommend caving in on this issue. The reasoning behind my opinion is, if you vary on this, you are sending a message to the other members that it is OK not pay or become to delinquent, as they will still be afforded the same privileges as the paying dues members have. This has shown in past history to start a decay in membership dues being paid on time.

I don't know if the lake is private, but all the parcels along the shore are privately owned by HOA's, a camp, or individual property owners. There is no public access to the lake.

Dolores,

I love kids and hate to see them suffer, especially at the hands of inconsiderate adults.

However, where do you draw the line? What about the children of homeowners who are not in good standing? Certainly, it's not the childrens' fault. However, if you start making exceptions like this you quickly run into problems, not the least of which being less motivation to pay dues.

The way we treat it is, the use of our pool is granted to the homeowner who, if he has tenants, must transfer the right to his tenants and authorize the association to allow them access.

No, it's not the childrens' fault the dues weren't paid, but neither is it the Association's.