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RandyB4 (California)
Posts: 25
Posted:
Owner sold units in our POA. Bookeeper told escrow company no fees were past due, there were $2,500 in back fees. Escrow closed, owner is caring loan for new owner (our President by the way). Old owner says she doesn't owe. What can we do to collect?
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Bookeeper told escrow company no fees were past due, there were $2,500 in back fees


Sounds like your out of luck. Dumb move.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Pretty big mistake. One may wonder what other mistakes the bookkeeper is making......... Trust, but verify.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The ship has sailed on this one. Should have had a lien placed on the property when it had a certain amount owed on it. Sounds like that bookkeeper knew the owner...

Former HOA President
RandyB4 (California)
Posts: 25
Posted:
Thanks for your responses, we are digging into this one. Bookeeper has put it in writing, past president knew about this for 16 months before he told me and other board members, (after escrow closed). Current president and past are friends and support each others positions on all board matters. If I can prove deception and I get both off the board forever?
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
If I can prove deception and I get both off the board forever?


Likely you wont be able to prove deception and ban them forever. But you and your neighbors should get more involved in your HOA. Your paying all this money but dont even realize something is wrong for 16 months? Financial reports are pretty simple, you should ask more questions about them, get more involved. After all, your paying all the bills.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This is a mistake most likely. Something easily over looked because HOA board members are NOT experts. They are just people who's only requirement to be on the board is to be a member and voted in by the membership. Plus the new BOD inherits the mistakes of the prior. Alot of time things can get overlooked. I can see how this is overlooked without intention. The bookkeeper may have known about the issue but without instruction to take action, nothing happened.

If you want to get rid of them forever, just don't ever vote for them ever again. It's too late to get this money as the new owner isn't responsible. Just make sure you have better record keeping and enforce the rules.

Former HOA President
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By RandyB4 on 09/15/2011 3:27 PM
Owner sold units in our POA. Bookeeper told escrow company no fees were past due, there were $2,500 in back fees. Escrow closed, owner is caring loan for new owner (our President by the way). Old owner says she doesn't owe. What can we do to collect?

I don't know California law, but here in Arizona we could sue the previous owner for the unpaid assessments she racked up before the sale. The bookkeeper's error does not erase the debt; it just makes it harder to collect.
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By LarryB13 on 09/17/2011 12:47 AM
Posted By RandyB4 on 09/15/2011 3:27 PM
Owner sold units in our POA. Bookeeper told escrow company no fees were past due, there were $2,500 in back fees. Escrow closed, owner is caring loan for new owner (our President by the way). Old owner says she doesn't owe. What can we do to collect?


I don't know California law, but here in Arizona we could sue the previous owner for the unpaid assessments she racked up before the sale. The bookkeeper's error does not erase the debt; it just makes it harder to collect.

Larry...that is good thought, even if it isn't specified you could take the previous owner to small claims court and at least try...
RandyB4 (California)
Posts: 25
Posted:
Did I say the old owner (who owes the back dues)is caring the paper on the new owner, can we still lien the property? Also the old owner lives in down under.
Regards

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