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RandyB4 (California)
Posts: 25
Posted:
I'm having a meeting with the board about my non paid dues. I would like some witnesses. Must the board allow me witnesses in the closed session?
BrianB (California)
Posts: 2,820
Posted:
Davis Stirling and google are your friend...

Davis Stirling Act, Executive Sessions:

Who May Attend. Directors, managers, recording secretaries, association attorneys, members subject to disciplinary action as well as witnesses called by either side (but only for that portion of meeting involving that person), and others invited by the board (such as vendors bidding on a project) may attend executive sessions.

Read more: Executive Session http://www.davis-stirling.com/MainIndex/ExecutiveSessionMeetings/tabid/1769/Default.aspx#ixzz1z25fuJHW
from Davis-Stirling.com by Adams Kessler PLC.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would concentrate more on coming up with an agreeable solution. Make a payment plan you all can live with. I don't know why your behind in dues but if it is for financial reasons then I have a suggestion. I let one of our memebers who had temporary money issues pay half her dues without paying late fees if she would then pay dues and a half dues at a later time to catch up. We had a 6 month lien policy. As long as she made effort to catch up before the 6 months we would not lien.

Work out a plan to catch up and pay off. If this non payment of dues is related to "protesting" an issue, then I can't help you. You owe the dues then and will face the lien.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By RandyB4 on 06/27/2012 2:40 PM
I'm having a meeting with the board about my non paid dues. I would like some witnesses. Must the board allow me witnesses in the closed session?

Randy

Why are you behind in dues?

Thanks
CarolR11 (Colorado)
Posts: 2,563
Posted:
I'm curious about why you want "witnesses," Randy. Care to share?

And Melissa's right; offer the board a payment plan: doesn't have to be half your dues, but should be reasonable and the best you can afford.
RandyB4 (California)
Posts: 25
Posted:
Yes I am protesting. Property Manager takes minutes and misrepresents events.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Randy

I do not think you will find much empathy out here. Most, myself included would say, pay the dues and dispute your issues other ways.

Tough love here but non-dues payers are a paoin in the a$$. They are hurting all fellow owners, no matter their reason for not paying.

Even if the BOD are fools, wrong, etc., that is not the issue. You are cutting your nose off to spite your face by not paying your dues.

I am wondering if you are the type that feels they won ever battle they ever fought but stiil does not understand why they lost every war they ever entered.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
You protest stronger on equal ground than swampland...Afraid you are on swampland by not paying your dues. Not only do you put your house at risk you lose your right to vote. Usually members in "good standing" have the right to vote or run for office to make change.

Sounds more like your getting ready for a fight than to fix your situation. A BIG mistake. I am surprised they are even giving you a meeting to discuss putting a lien on you. Our policy was to send warning letters and then lien. No questions asked. No opinions required.

I have foreclosed on an owner who refused to pay their dues. Lost their home for $2K just because they refused to pay. There were no heroes falling on their swords protesting along the way...Just people who failed to live up to their fair share and the rules...

Former HOA President
JayP3 (Florida)
Posts: 154
Posted:
Why must everyone judge, ask for personal information, and make predictions?

It's none of anyone's business.

Just answer the question like BrianB or pass on replying.
CarolR11 (Colorado)
Posts: 2,563
Posted:
I think, Jay, that others here are strongly suggesting that withholding payment of your dues is going to end up hurting you. Witnesses at the closed meeting would not protect you from the board doing whatever necessary to collect dues. What they must do is spelled out in your governing documents, perhaps your CC&Rs.

If you have complaints about the board or property mgr. (PM), express them in wiring to every member of the board. Ask that your concerns be on the day/mo./yrs. open meeting agenda.

If the board refuses to place your items on the agenda, attend the next open meeting and clearly, politely and briefly ask the board to take care of the problems. Do this during open forum, which is required in CA. For best results, get other HOA members to join you.
JayP3 (Florida)
Posts: 154
Posted:
You have fabricated facts (withheld payment) and asked personal questions.

He said non-payment. Why, is none of your business. It may be painful or embarssing.

Others have said 'no empathy here" with no information as to the OP's circumstances.

Ohters go on tho say how they "have foreclosed for $2K".

All this because he asks if he can have a witness.

Get over you selves.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
I am over myself...Don't care about the person's personal life. The truth here is that if one owes a HOa dues they owe the HOA dues. We are not trying to hide the ugly truth. Go into battle knowing you are going to receive scars and wounds. Don't go into battle with expectations of unscathed glory. A "piric" victory is still no victory at all...No one respects a person who doesn't pay their fair share and has to pay higher dues because someone protests instead of participates...Just the facts and reality....

Former HOA President
BrianB (California)
Posts: 2,820
Posted:
Melissa (and others)

I add this because I love history, and many people do not know the origin of the phrase "Pyrrhic Victory". It was named after a real person, who fought and defeated the Romans (twice).

The phrase is named after King Pyrrhus of Epirus, whose army suffered irreplaceable casualties in defeating the Romans at Heraclea in 280 BC and Asculum in 279 BC during the Pyrrhic War. In both of Pyrrhus's victories, the Romans suffered greater casualties than Pyrrhus did. However, the Romans had a much larger supply of men from which to draw soldiers, so their casualties did less damage to their war effort than Pyrrhus's casualties did to his.

So, when we use this phrase, we help keep alive the memory of the great General Pyrrhus, who has achieved a bit of immortality for his name.
CarolR11 (Colorado)
Posts: 2,563
Posted:
I love history, too, Brian. Thanks for giving me new information!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Thanks for helping me spell it...LOL!!! Reminds me of the origins of the term "Boycott". It too is named after a real person. Mr. Boycott was a rich man who raised taxes. Out of anger many stopped buying things from Mr. Boycott. He eventually loss his fortune and died penniless. However, his name and actions of the town's people have now coined the term "boycott"...History... Got to love it as you know it happened...

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
So the question is did Pyrrhus get it? Meaning he won battles but he lost the war. I assume the Roman empire was still standing long after Pyrrhus was dead and buried.

At 20 years of age one is not an idealist, one does not have a heart.

At 40 years of age one is not a realist, one does not have a brain.

Ever heard about pi$$ing against the tide......LOL

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JayP3 on 06/27/2012 5:20 PM
Why must everyone judge, ask for personal information, and make predictions?

It's none of anyone's business.

Just answer the question like BrianB or pass on replying.

Jay

Once some saw "unpaid dues",many believe, myself included, that one pretty much has no justification for not paying their dues and they are hurting all no matter their reasons/witnesses even when they might be right in the end game.

Have you ever been accused of being a non-dues payer?

RandyB4 (California)
Posts: 25
Posted:
More info for your digestion. My dues were raised my unelected president 4 times in 8 years. The self appointed president has given his friends a pass on penalties. I can't afford a civil action, I want to get into court with a counter suit. I'm listening for your advice.
RandyB4 (California)
Posts: 25
Posted:
by not my
thanks
Randy CA
EllieD (Vermont)
Posts: 446
Posted:
RandyB4,

You mention a Board, you mention an unelected President, you mention a Property Manager, you say you are protesting, you say your dues were raised.

If you care to share – what are you protesting?

If you have a Board, which I assume was elected – then why are you saying that you have an unelected President?

You say that the Property Manager takes minutes. As I understand, taking minutes is often one of the duties of a Property Manager. I assume that the Board approves the minutes – so why are you questioning that?

You say your dues were raised – what about the other Owners – were their dues not also raised?
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By JayP3 on 06/27/2012 5:20 PM
Why must everyone judge, ask for personal information, and make predictions?

It's none of anyone's business.

Just answer the question like BrianB or pass on replying.

Jay,

99% of the questions posted in this forum are incomplete and/or ambiguous and, therefore, more information is required to provide an answer.

In this case, the OP asked "Must the board allow me witnesses in the closed session?"

What is he asking? Is he asking if he may bring persons into the meeting to give oral testimony on his behalf or is he asking if he may bring in persons to watch what the board is doing in the executive session? His question goes either way and clarification was needed.
RandyB4 (California)
Posts: 25
Posted:
Watch what board is doing.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By RandyB4 on 06/28/2012 2:49 PM
Watch what board is doing.

And that will help you to do what?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By LarryB13 on 06/28/2012 9:38 AM
Posted By JayP3 on 06/27/2012 5:20 PM
Why must everyone judge, ask for personal information, and make predictions?

It's none of anyone's business.

Just answer the question like BrianB or pass on replying.


Jay,

99% of the questions posted in this forum are incomplete and/or ambiguous and, therefore, more information is required to provide an answer.

In this case, the OP asked "Must the board allow me witnesses in the closed session?"

What is he asking? Is he asking if he may bring persons into the meeting to give oral testimony on his behalf or is he asking if he may bring in persons to watch what the board is doing in the executive session? His question goes either way and clarification was needed.

Larry

Valid interpertation but he did not stop at that question. He went on about why he wants to bring witnesses vis-a-vis not paying his dues.. Had he stopped at the question of witnesses is one issue. The fact that he went on to basically say use them to explain/justify his non-payment of dues, fell on deaf ears.

Do you still beat your wife. Yes or no.....LOL
LarryB13 (Arizona)
Posts: 4,099
Posted:
Oh, John,

You just have to disagree with everything I write, don't you? (LOL)

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Your honor, direct the witness to answer yes or no.

Does he still beat his wife?.......LOL

BrianB (California)
Posts: 2,820
Posted:
Your honor, if you direct me to answer "yes or no", then I will and must ask that you immediately cite the attorney, and yourself, for contempt of court and/or suborning perjury. For, if you recall, you yourself had me swear and oath to tell "the truth, the WHOLE truth, and nothing but the truth". If now, you or opposing counsel require me to answer this question in only one word, that would be a violation of my oath, and perjury, and as officers of the court, and the court itself, you would be knowingly subborning said perjury.

LarryB13 (Arizona)
Posts: 4,099
Posted:
That brings up a whole nuther question: If ignorance of the law is no excuse, why does a court give jury instructions? Aren't the jurors already supposed to know all the laws just like the plaintiffs and defendants?
JayP3 (Florida)
Posts: 154
Posted:
Quote:
Posted By JohnC46 on 06/27/2012 7:15 PM
Posted By JayP3 on 06/27/2012 5:20 PM
Why must everyone judge, ask for personal information, and make predictions?

It's none of anyone's business.

Just answer the question like BrianB or pass on replying.


Jay

Once some saw "unpaid dues",many believe, myself included, that one pretty much has no justification for not paying their dues and they are hurting all no matter their reasons/witnesses even when they might be right in the end game.

Have you ever been accused of being a non-dues payer?


Yes.
Prior to EBT or other similar electronic fund transfers (which I now use) there was a situation in which my check was not recieved along with a utility and CC payment made the same day.

It turned out there was an issue with the community mailbox (Townhouse complex) in which after investigation a few others had 'lost' parcels too. The letters were found and eventually all was worked out and the mailbox repaired.

So 'testifying witnesses' who had similar problems mailing parcels would be beneficial.

This is an unusual case but stuff happens.

This site is for learning and ideas. I find the jugdgements, with as otheres have said, few or incomplete facts to be unappealing and diminishes it's value and attractiveness to new members.

SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By JayP3 on 06/28/2012 6:12 PM
Posted By JohnC46 on 06/27/2012 7:15 PM
Posted By JayP3 on 06/27/2012 5:20 PM
Why must everyone judge, ask for personal information, and make predictions?

It's none of anyone's business.

Just answer the question like BrianB or pass on replying.


Jay

Once some saw "unpaid dues",many believe, myself included, that one pretty much has no justification for not paying their dues and they are hurting all no matter their reasons/witnesses even when they might be right in the end game.

Have you ever been accused of being a non-dues payer?



Yes.
Prior to EBT or other similar electronic fund transfers (which I now use) there was a situation in which my check was not recieved along with a utility and CC payment made the same day.

It turned out there was an issue with the community mailbox (Townhouse complex) in which after investigation a few others had 'lost' parcels too. The letters were found and eventually all was worked out and the mailbox repaired.

So 'testifying witnesses' who had similar problems mailing parcels would be beneficial.

This is an unusual case but stuff happens.

This site is for learning and ideas. I find the jugdgements, with as otheres have said, few or incomplete facts to be unappealing and diminishes it's value and attractiveness to new members.


Sorry you feel people are being judgemental - I, for one, have found this site very useful. I don't necessarily agree with everything that's posted, but I find one thing that makes the difference in getting useful information is to provide details on the situation. That old saying "the devil is in the details" is extremely true when dealing with HOA situations - or anything else.

If you're here because you want someone to validate what you already believe or plan to do, it may or may not happen, especially if you leave out pertinent information and that has turned many a civil and criminal case. And if you're upset because people don't agree with you, well, that's ok, too. There may be another issue down the road where you'll find you're right on target with what you think you'd like to do. The information's going to come out anyway, whether you tell us,your board - or a judge, if things come to that.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RandyB4 (California)
Posts: 25
Posted:
I started this with a simple question. Here is another simple question. Is there any circumstance were not paying your dues is acceptable? I'm enjoying the answers by the way.
Randy
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By RandyB4 on 06/29/2012 7:38 AM

Is there any circumstance were not paying your dues is acceptable?

No.

When you purchased your home within an Association you entered into a contract to pay assessments (typically set by the board) so the Association could maintain common area and amenities plus provided any services (street lights, trash/recycling service, etc.).

Now there may be mitigating circumstances (job loss, extended illness, etc.) that might require you to enter into a special payment agreement. However, that's not the same as not paying.

BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By RandyB4 on 06/29/2012 7:38 AM
Is there any circumstance were not paying your dues is acceptable?

No.

Say you are unhappy because the city hasn't repaired the street in front of your home. Do you refuse to pay your property taxes until they do? No.

Not the same thing? Wanna bet?

Here's the deal. You have a contractual obligation to pay your assessments. That obligation is enforceable in a court of law. Unless your contract contains a provision allowing you to withhold payment for some reason or another, you are obligated to make your payments as specified in the contract. Failure to perform or malfeasance on the part of the other other party is not likely to be a sustainable defense for not paying, unless that is part of the contract. Your only recourse is to pursue those remedies allowed to you by law.

It's an old saying, but it's still true: "Two wrongs don't make a right."

When two sides can't agree, it's better to do everything right and put the other side on the defensive rather than doing things wrong and ending up on the defensive yourself.
MattG2 (Kansas)
Posts: 16
Posted:
I think the truth is, although some of the obligations one has in regard to their HOA fall into a grey area and can be interpretted a number of ways, the fact that one owes dues for the services the HOA provides is indisputable.

Oddly my HOA does respond favorably to this form of protest. And no I wasn't the homeowner who pressed the issue in this manner.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 06/29/2012 7:57 AM
Posted By RandyB4 on 06/29/2012 7:38 AM

Is there any circumstance were not paying your dues is acceptable?


No.

When you purchased your home within an Association you entered into a contract to pay assessments (typically set by the board) so the Association could maintain common area and amenities plus provided any services (street lights, trash/recycling service, etc.).

Now there may be mitigating circumstances (job loss, extended illness, etc.) that might require you to enter into a special payment agreement. However, that's not the same as not paying.


Well said.

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