HOA fees paid, but no service

Started by EricW3 • 7 replies • 1496 views

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EricW3 (Florida)
Posts: 3

Posted:

Our HOA is run by a property management company. The builder has 1 year before it has to hand over the rainse to the community. I recently found out that one of the services (alarm monitoring) that is included in our monthly fees is being collected, but some homes that may have been delinquent in paying services were cut off. But , once the Homeowner payed his dues up to date the services were never restored and the association now states that this is the duty of the homeowner. I have requested any addendems to the by-laws or rules that have stated or been changed were this service is concerned. I have yet to receive a reply. There are 500 homes in our community and If homes are paying for a service and not receiving it, what is the property managemant company doing with the money that is not being paid ? Also why is it not notifing residences of that this is going on? What can be done when they refuse to answer for requested documents sent by certified mail?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Could you be taking this out of context? Meaning the owner's service can be restored IF the owner calls the alarm company? NOT the management company to call? May be some privacy issues unaware of involved. The alarm company may require the owner to contact for verification. Just another way of thinking on this issue...

Former HOA President

EricW3 (Florida)
Posts: 3

Posted:

I could be. That is why I requested addendums to the rules that may have been added. How does one when services are discontinued. Some residences have not paid dues while in foreclosure (can be years) yet there lawns are maintained and are fees continue to rise. Someone either the management company or service should be notifying residence of status of services. They have no problem billing for late and processing fees. There should also be something in writing that stipulates who is responsible. With the management company not responding to inquiries were do the residence turn.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Eric,

One thing to remember is that the Management Company (MC) works for the Board. In your case, the developer (aka declarant).

Irregardless of who is in control of the Association, if the Association, or their agent (i.e. the MC) fails to comply with State law by providing the documents, the following options are available:

1) Make the request directly to the Board or registered agent (it's possible that they don't know the other is failing to comply).

2) Contact an attorney to file a legal action to force the Association to allow access to the records.

3) Recall the existing board (typically not an option under declarant controlled Associations)

4) Vote the Directors out of office at the next election (typically not an option under declarant controlled Associations)

5) Live with it.

6) Sell and Move

Since the transition to membership control is so close, and the fact that you appear to have some good ideas, volunteer to serve on the transition committee so some of these things can be taken care of. Additionally, you may want to volunteer to serve on the Board of Directors and be part of the decision process in deciding to keep or replace the existing management company.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Eric

You might have to start separating the apples from the oranges.

In our HOA, no matter how far one is behind in dues we keep doing the landscaping. This is so our neighborhood looks good. Costly yes, but we do it.

Any service/amenity one can cut off (like pool admittance, cable, alarm, garage admittance, etc.) to a unit for late payment is fair, but do not cut ones nose off to spite ones face. Ala cutting off landscaping service and making the place look bad.

Hope this helps.

EricW3 (Florida)
Posts: 3

Posted:

I understand the apples and oranges, but if homeowners are paying the full association dues monthly and un-benownst to them; there homes are not being monitored by the security company, who is liable? It a lawsuit waiting to happen. But I will certainly be contacting the builder.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Eric:

Check your local ordinances. In my area it is not lawful to have an alarm system that is not monitored. No idea as to who would be liable for a citation if an HOA cuts service to a home with an alarm system.

GlenL (Ohio)
Posts: 5,491

Posted:

Eric, when the delinquent H/O received notice that the alarm monitoring was being disabled, they probably also received notice on what would be required to reinstate it.

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