Non Payment of HOA Dues

Started by ColetteB • 2 replies • 1155 views

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ColetteB (Texas)
Posts: 2

Posted:

I'm the Secretary of our HOA. Our neighborhood is 11 years old, originally owned by a Developer who had 4 builders "owning" each lot. Every Homeowner bought their lot and began building their home shortly thereafter - except one. For some reason, the buider that owned that lot sold it to someone but that person never built on the lot.

I've looked at our CCRs and Bylaws and it doesn't apear to say they had to build within the first 12 months but another Board member says that was the case. This Homeowner now refuses to pay their HOA dues because they don't have a dwelling on the lot, and wants a refund of past dues paid (now that they are trying to sell the lot). CCRs/Bylaws are very confusing and seem to say Dues is due from one who owns the lot, but then it goes on to say they only pay if the lot contains a unit.

Is there a state law or something in a "best practices" doc that I can get access to that will help me enforce that they owe the dues as soon as they take ownership of the deed?

Thank you for any help you can give!

LarryB13 (Arizona)
Posts: 4,099

Posted:

Your CC&R's may address the issue of when assessments begin. If there is no language that says that assessments begin on completion of a home or occupancy of the property or other language, I think the normal interpretation would be that the assessments became payable when the CC&R's were recorded.

The declarant may have exempted himself from paying assessments on his own property and in that case the assessments would normally start upon sale of the property.

I would ask he property owner what he is relying on for his belief that he should not have to pay his assessments. Is he also asking the county to return his property taxes?

Ask your board member for his source of that 12-month rule. What does he think happens to the property if it remains vacant?

LawrenceC1 (Georgia)
Posts: 480

Posted:

Colette,

The Texas state laws will be unlikely to shed any light on this. It will probably be your governing documents that control.

Can you post the exact language from the two sections in your CC&Rs that address paying dues?

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