hoa dues

Started by HappyJ • 8 replies • 1578 views

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HappyJ (Tennessee)
Posts: 21

Posted:

Our community is in the middle of a lawsuit, we have a cout order special election to decide on 3 new board members. The board is attempting to stop homeowners from being able to vote.. First they stated you must bring your warranty deed to the secretary (who brought forth the lawsuit against the prior board) even if you were paid and did not have the warranty deed info, then you could not vote. The judge overruled this and only requires an ID be presented to a third party attorney.. now the board says all homeowners are deliquent for 2012 dues.. No notices for the amount or due date was ever sent.. They are saying dues were due Jan 1st and deliquent Jan 31st.. The only that has been sent to homeowners was a letter on Jan 23rd, 2012 letting us know who the new mgmt company is and that we would get coupon books (that have not arrived)

what can we do?? This can't be legal our special meeting is second week of March

SusanW1 (Michigan)
Posts: 5,202

Posted:

Since your dues coupon book was late - probably due to printing - the board could waive all late fees and set a new due date.

The Secretary of the Association is reponsible for having a current and accurate list of all Members of the association. It sounds like there is confusion as to what and who a Member is.

Is the definition of Member in your documents?

Is this a mobile home park?

PeterD3 (Florida)
Posts: 708

Posted:

Do your docs. or state laws specify the protocol for removing your voting rights?

If so have they been strictly followed?

HappyJ (Tennessee)
Posts: 21

Posted:

We are single family homes, the only thing in our bylaws about voting states that each lot gets one vote.. People would have paid but no one knew who to pay, the assocation got a new company put didnt send information till jan 23rd that would have given only days to pay before jan 31

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By HappyJ on 02/16/2012 9:03 AM

what can we do?? This can't be legal our special meeting is second week of March

Everyone has until second week of March to insure their dues are current. Have you called the new mgmt company and asked where to send your dues and how much they will be?

HappyJ (Tennessee)
Posts: 21

Posted:

Yes several homeowners have called and emailed asking the amount and when it would be due.. no responses to any of us.. that is why we think it is an attempt to help the current board that hired them win the election.. the board was also contacted with no responses

JanetB2 (Colorado)
Posts: 4,219

Posted:

I would suggest as you are in a lawsuit that you check with your attorney. Also, review your governing documents carefully and determine what is the exact process for assessments. In some states if members have not approved the new budget then the prior budget is still effective, in which case it would be same as previously paid.

Your state has a Horizonal Property Act under Title 66 - Chapter 27 if you want to review any state statutes: http://www.lexisnexis.com/hottopics/tncode/

It appears it may primarily depend on your governing documents or the Judge.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Happy:

So far only found the following in the state statutes under the Horizontal Property act discussing collecting for common expense. This says that info is to be contained in the bylaws:

66-27-112. Contents of bylaws -- Modification.

(a) The bylaws must necessarily provide for at least the following:

(1) Form of administration, indicating whether this shall be in charge of an administrator or of a board of administration, or otherwise, and specifying the powers, manner of removal, and, where proper, the compensation of such administrator, board of administration, or otherwise;

(2) Method of calling or summoning the co-owners to assembly; that a majority of co-owners is required to adopt decisions; who is to preside over the meeting and who will keep the minute book wherein the resolutions shall be recorded;

(3) Care, upkeep and surveillance of the building and its general or limited common elements and services;

(4) Manner of collecting from the co-owners for the payment of the common expenses; and

(5) Designation and dismissal of the personnel necessary for the works and the general or limited common services of the building.

(b) The sole owner of the building, or if there is more than one (1), the co-owners representing two thirds (2/3) of the total apartments of the building, may at any time modify the system of administration, but each one (1) of the particulars set forth in this section shall always be embodied in the bylaws. No such modification may be operative until it is embodied in a recorded instrument which shall be recorded in the same office and in the same manner as was the master deed or lease or plat and original bylaws of the horizontal property regime involved.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Happy,

I agree that notices should have been sent and that it may have been intentional not to send them. However, it's easy to fix this -

If assessments were not paid, members should bring a checkbook and pay them at the meeting. This will bring the account current and members will be able to vote.

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