Services for Delinquent Dues

Our HOA dues include basic TV cable service and trash pickup.

Question: Is the HOA legally obligated to continue theses services if the homeowner is delinquent several months on their dues?

I agree with Bruce, Steve. More homework needed. You also need to check your state's laws or even local laws. Denying trash pick-up, for example, could lead to unhealthy conditions, attract vermin, etc. Cable TV might be a different story.

Also, as Bruce points out, your documents may permit you to suspend common area privileges, e.g., pool use--if, that is, you have any amenities worth suspending.

"There is nothing in the CC&Rs or any other documents on this issue."

Therein lies the rub. The problem is, if there is nothing in the CCRs that states that you can withdraw services, you don't have the authority to do it. You can try, but you might end up as a defendant in court. You never know how things will turn out. It's a 50-50 outcome.

I fully understand your situation and agree that the HOA should not be required to provide services that a homeowner is unwilling to pay for, However, those who drafted your CCRs should have anticipated such a situation and provided for the necessary remedies in your CCRs.

There may be other options you CAN try. You should be able to put a lien on the property, or you can always file a claim for the amount owed in court. Another possibility is that mortgage contracts in some states may contain clauses that allow the lender to pay delinquent dues and then add that amount to the outstanding balance of the mortgage. Some may even allow the lender to create an escrow account for the dues in such cases and make the monthly dues part of the monthly mortgage payment. This is most likely common where HOAs have statutory "super liens." If this is typical in your area, you might try notifying the lender of the delinquent dues.

Also, as I stated before, with regard to cable, it may not be practical or the cable company may not be willing to discontinue service on an individual basis.

We contacted the cable provider and cut the cable service to homeowners who refuse to pay, after proper notice was provided and ignored.

This service was provided at a discount and as an amenity by the HOA to the homeowner and he chose not to pay for it. If he chooses he can try to convince a judge why he has a right to cable TV which he does not want to pay for. He can survive without cable service, it's not a right. There is nothing written anywhere where his fellow homeowners are required to provide him ESPN Sportcenter or HBO if he is unwilling to pay for it.

I'll take my chances in court on this one........

Current HOA President

Sounds like you're on the board, Steve. I'd think that cutting cable service would be OK, but maybe check with your HOA attorney to make sure?

We have guest parking and just suspended those privileges to a unit. We'll see how effective it is (repeated rules violation). We may not, however, suspend parking privileges to our underground garage's deed spaces in CA.

When my HOA was given over to the owners we were able to shut off water to those who didn't pay their dues. We shared 1 water meter. Our dues covered the water bill. Later we gave up that system and now have separate water meters. That change had to be adapted into our CC&R's since we now no longer supplied water to homes. Otherwise people would assume reading the rules what the dues paid for.

This is kind of the situation your all in. The documents don't allow you to cease certain amenities. Cable could be one of those if it was an option and could be arranged with the cable company. However, here is the rub with that. The entire bill is being paid by the HOA so this owner technically would never be late or not have paid their cable bill. Which means as long as the HOA is footing the entire cable bill, it can't really isolate anyone out.

Our HOA's only real responsibility is to provide lawncare. We can't deny it if someone doesn't pay their dues. It ruins the HOA's appearance. So we still mow the yards of those who owe. We just have a lien placed on their property. Which we have a 6 months non-paid dues rule and we lien. That seems to work when you put a set time of liening. Even those who "Protest" get liened at 6 months. They may have their lawn mowed but they are going to be hit with a BIG bill in the end...