Lack of enforcement (TX)

Started by MikeG6 • 4 replies • 1492 views

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MikeG6 (Texas)
Posts: 11

Posted:

I recently served for over a year as the Vice President and recently resigned July 15th out of frustration. I joined the board in hopes of correcting the decline I was witnessing in my neighborhood during the five years since moving their.

My role in this HOA was to do monthly inspections and forward a report to the President of yards that needed attention and I performed this role on a regular basis. There was minimal to no follow through on getting the lawns corrected by the President, and I'm not talking about just a little trimming or mowing, we're now at the point several months later where an estimated 50% of the lawns would have to be re-sodded.

I also volunteered to assist the President in the collection of delinquent dues and followed the process to gather the necessary documents to file liens against homeowners that were over six months delinquent. He apparently only chose to file a handful of those that were the most delinquent and now we have 10% of our members still past due, some as many as 6 years.

Now I am a member/volunteer and am trying to find out what recourse I have. What can you do to force an HOA to enforce the CCR's.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Mike,

Although it would have been easier as a board member, you might want to lobby for an enforcement committee. Then the committee would do the follow through. If needed, problem issues could be forwarded to the board as a whole. This would require the entire board to act vs. just relying on one individual (the President).

Tim

LarryB13 (Arizona)
Posts: 4,099

Posted:

Mike,

You described two different problems. The first with the lawns and the second with collections. In light of your description of the latter problem, the first one is best classified as rearranging the deck chairs on the Titanic.

I would find out why some owners have not paid assessments in 6 years. If the president cannot explain it, then it is time to act. When you buy into an HOA development, you are entering into a contract with the declarant, the HOA, and each and every owner. Those owners who are not paying their assessments are in breach of their contract. You and the other owners who do pay are subsidizing the non-payers and that is not what you bargained for. It sounds like your HOA president is not up to the job of enforcing compliance.

My advice would be to consult an attorney and see what your options are. You can choose to do nothing and therefore nothing will change. You can accept the loss, sell out, and move on. Or you could consider taking action to get what you paid for. Since this is essentially a breach-of-contract matter, I would think that you could bring a lawsuit to compel the other parties to perform their obligations. In most states, you can recover your attorney's fees from matters arising from a contract dispute. A well-written letter from your attorney to the opposing parties lets them see that you are serious and once they find out what it will cost them to litigate, they will usually fold.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Lawsuits are generally bad ideas for a HOA. I've posted this before in other postings. Violations and non-payment of dues is a frustrating thing to dive into. It usually gives very little results with much effort. The HOA's best tools are liens/foreclosures. However, as you have experienced those don't get much reaction. An owner can rent out their place for years with a lien on it. They just can't sell. Foreclosures aren't a money making deal for a HOA at all. They just stop the bleeding. Many states don't allow a HOA to foreclose or lien for fines. You will have to find out what your state allows.

It's just best to settle down and stop simmering over these matters. You fight one and another will crop up somewhere else. Throwing lawyers and money at the issues don't stop it. Not to say to give up or anything. Just take a different approach to the matter. Find out what the factors are that people aren't paying. It may be out of protest for one person, didn't know they owed by another, or they just don't care. Some of those factors can be fixed by simple communication and a bit of legwork.

May I suggest you read the "Legals section" of your local newspaper. It will give you some of the information you may be looking for. They post liens/foreclosure/judgements in that section. It's NOT daily but routine. It may give you information on the status of some of the owners. I found 1 owner that owed us several years back dues in there being liened by other people. I was able to get our lien under the wire before they were foreclosed on. This may help you feel like you can do something. Otherwise, I'd suggest making sure your own home isn't put under any scrutiny...

Former HOA President

BradP (Kansas)
Posts: 2,640

Posted:

Mike:

has your community looked into a management company? I think covenant enforcement is a tough issue in many self run associations. Been there, done that, at the end of the day I have to live with these people so it is hard to dig your heels in and create enemies. A management company can become the "bad guy" and do that work for you.

As for dues, find out what your options are, can you lien? If so use that tool. Another option is look at your late fees, what are your options to change? Make late fees high if you can to encourage payment.

I agree lawsuits are a last resort and not a good way to go...

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