Billing Practices & Law Kentucky

This is two pronged. Our HOA has been mismanaged for years. The HOA doesn't provide much real benefit to the community and the community responds in kind by not paying dues. Plus hard times have affected many of us. The issue currently is that the current board has forced the property management company to go back into the past and start sending bills for past years that were late. Late dues have never been assessed in the 9 years I have been in the association nor in the 2 years before that. So I got a bill for a late due paid last July (2011) this year in August of 2012. The board is seemingly going after people that have paid in the past to make up for the shortfall of those who are not paying at all rather than just cutting remaining services for a balanced budget. Yep, raising due on those that are paying to cover the cost of those that aren't... But, credit law requires card companies to notify customers no longer than 90 days after a debt is due or they can't claim it at all as a matter of Federal law. So I would think that an HOA has to follow similar rules and can't make up debts they never claimed over a year ago.

First of all, please respond without attitude and address the question. I am also looking to take over the board this next year because of their dictatorship is ruining our neighborhood. They are saying we can't plant shrubs in our yard without approval first. This is a neighborhood of ~$200K vinyl siding houses with blue collar workers, not some super expensive all brick fancied up golf community. So there is plenty of back story to what is going on.

The question is does anyone know if it legal for an HOA in Kentucky to bill fees a year after it should have been invoiced if it were decided to be done and the homeowner never informed in due time?

CCR's state "may" and the yearly dues state "may" but neither in 11 years of the HOA's existence have they been billed or ever stated "will be". Thus it makes due dates relative and people in the entire neighborhood pay when they can. The due date is also at Jan 1st when everyone is paying for Christmas so not a good time to send out an additional bill of substantial size. Likewise, they have used this as a way to keep people from voting. If the board can claim you own something but you have never been informed of owing it, then they can say your vote doesn't count. Thus they can retain control and ignore your vote. That also brings into other problems like claiming violations without evidence or any timely notification to be rectified which they have done. For example, I once moved my outside trash can to the front porch side walk where I then proceded to fill it up with bags from a spring cleaning. A week later I got a notification of violation for having my trash can stored in front of the house FOR FIVE MINUTES WHILE IT WAS IN USE. No proof, no pictures, nothing. And the CCR's state the violation must be documented to be in violation for more than 30 days. The question is directly in line with an issue of continual mis-management and abuse of making up procedural rules on the fly that are not a part of the CCRs or going directly against them as it suits the board. Oh, and they only plow the streets when there is a dusting of snow and don't have it plowed when there are several inches needing to be addressed.

Now, if you don't have a factual answer and just want to voice your emotional opinion, then I am not asking for that. Keep those for your own community discussions. I am seeking anyone with direct experience to Kentucky laws regarding HOA's and legal billing practices.

Fair enough.

Is your Association mandatory or voluntary?

Would you cite the section that has the term "may" in it (this is needed to provide an informed response)?

What Glen says is correct and critical one understands it.

Like being stopped for speeding and your defense is everybody was speeding or like I always go this fast here and I have never been stopped before.