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MichaelB26 (Oklahoma)
Posts: 3
Posted:
our association is in rural oklahoma,with over 85 members,we have our own water&sewer system. Recently was voted in as president.in doing so found ,many problems first one is we have 1 member who has not paid any association fees orsewer in the last 7 years ,yes 7 years . is there atime limit on this? wanting to take to small claims.also water was shut off 7 yrs.ago but gets water from neighbor. is there any thing that can be done to neighbore for allowing water through water hose.
TimB4 (Tennessee)
Posts: 21,062
Posted:
What is done between neighbors is between neighbors.

If it's been 7 years, I would start the notice process over again (so you make sure there are no technicalities overlooked). File a lien and then foreclose. You might not get any money from the foreclosure but you may stop the bleeding.

Of course, prior to foreclosure (during the notice process) talk to the individual and try to work with them. Perhaps waiving all fees if the account is brought current.

Also, check with the files, I suspect that since the water has been turned off some sort of action was taken in the past. You will need that information. Then consult with an attorney on the issue.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would also report the owner for syphoning the water to the water department. That is illegal. Make it anomously (Can't spell) for them to inspect. At the same time make sure to have filed the lien paperwork and serve it certified mail to completely get this person's attention. AVOID SMALL CLAIMS COURT!!!! You need to lien first and then if they refuse to make arrangements give it a 6 months and file a foreclosure on them. Remember the HOA does NOT want to own this house if you foreclose on it. So see if you can find a few interested parties who may want to meet on the day of the foreclosure IF they don't ever pay up.

It may be time to be aggressive and get this dead beat off the teet. Your other members should know about it and what actions you are taking to resolve it. You may be surprised by the support you get when they see you do something about it. No one wants to know their dues have been collected to help pay for this free loader....

Former HOA President
SherryS2 (Washington)
Posts: 8
Posted:
Oh my, you people are so harsh. Things are not always as they seem. I suggest a thorough investigation into the matter before taking such measures.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You have a person who stopped paying their dues for 7 years and is using their neighbors water to get by. How would you like to handle it? A muffin and a nice letter of why they won't comply? I wish more bill collectors took that approach...

Reality here...No excuse for NOT paying your dues period. I don't care if you don't like the board or protest rules aren't being enforced...You pay the dues or face the consequences. Lien or Foreclosure.

I've been there and understand...I finally had to foreclose on the house in the end...Just make sure the bank isn't already doing it.

Former HOA President
SherryS2 (Washington)
Posts: 8
Posted:
I'm beginning to think Mike is my hero. This is not the forum for me. Good-bye.

P.S. Melissa needs to get a life!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Gee...I was just hoping I could get a loan from her and NOT pay it back for years... No apologies from me if someone does not pay their fair share on my and my neighbors dime getting the same amenities. Anyone disagree? Or would you like me to be nice about it?

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Sherry

In general many on this chat are not in favor nor agree with those trying to beat the system like not paying dues, suing ones association over minor stuff, siphoning off utilities (a new one for me), etc.

Many of us believe one should live up to ones obligations/committments (like Covenants, Bylaws, Rules and Regulations, etc.) one signed/agreed for or be gone.

We also know there are nuts/despots/etc. running some associations and once proven to us (versus misc. slander), we are probably a group that can help one on how to deal with it...as in nail them "mothers".

All that said, one must "earn their bones" with us first....LOL

JohnB26 (South Carolina)
Posts: 1,569
Posted:
imo:

water under the bridge, like spilled milk, is gone forever

i would go back 2 years, politely, but in a businesslike manner by sending an invoice certifed mail giving a time frame to 'pay up'

if no payment ~ issue SEVERE late fees and proper warning(s) ~ give 10 days max to comply

?still no $$$?

give matter over to a collections attorney

worries over, case closed (the sharks will do all further work)
LauraR5 (Tennessee)
Posts: 220
Posted:
You may need to check your rules to see if it says anything on back dues. On ours, we can waive late fees to get a settlement, but we can't ever waive assessments that haven't been paid.

As far as taking legal action against someone who hasn't paid for seven years. You HAVE to. The other homeowners have trusted you with their money. It's not fair when someone is getting a free ride. We have one homeowner who hasn't paid since 2009. We are probably going to have to go after him more aggressively. When you move into a neighborhood, you agree to the fees. If I don't pay Chase Bank, they will take my house and the HOA really should be no different.

If I ever have money problems, I want to move into the neighborhood of the lady that thinks going after assessments is too harsh. Because my neighborhood isn't going to be that place anymore.
JonD1
Posts: 2,350
Posted:
Wow Mike has doubled the number of people who think like him.

Yes, why would you make any attempts to recover 7 years of unpaid dues.
After all just let the rest of the folks pay their share and you get to pay zero. Sounds about right.

I have to wonder what amount has gone uncollected? And why the past Boards have done little other than cutting off the water service.

Does the Board cover the cost of water???? Can you legally shut off someone's water? I know in some areas cutting off utilities is not permitted.

If it is I would do the same. I would then submit a bill to the neighbor for the water usage and if not paid in full I would shut off their water too.

Seems today many who come to this site fail to read the flyer heading at the top of the page. You know the part about positive sharing of ideas for community leaders and volunteers. Seems many folks arrive here believing this is site to whine and moan about HOAs, Boards, and how they see things with of course no real understanding of what needs to be done and why. And honesty when someone who views Mike as their new hero announces their intention to leave this site IMO not a real huge loss.

Charter member of the Iowa chapter of the anti-HOA Mike association.

TimB4 (Tennessee)
Posts: 21,062
Posted:
Jon,

Based on the counter under Sherry's name going to zero, it appears that she has resigned her membership from this forum.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Was it something I said?

Seriously people your HOA is ONLY funded by it's members for it's members. Someone does not pay then everyone pays...How nice do you want to be?

Former HOA President
TimB4 (Tennessee)
Posts: 21,062
Posted:
Actually Sherry did have a point about the issue needing to be investigated. I eluded to that when I said to research the Association records and restart the notification process (i.e. a series of letters required prior to filing a lien).

However, we all agreed that collection procedures were needed.

7 years of nonpayment in my Association would equal $5,147 not counting charges or interest. For my Association of 130 lots, that would have equated a need to collect $40 more from every other lot owner so expenses could be covered. Granted $40 doesn't sound like a lot but it's the principal of someone else having to pay more than their fair share. I would expect that the total amount due to be higher in Michael's Association (based on amenities/service provided).
SherryS2 (Washington)
Posts: 47
Posted:
Sherry's back! Just to give you a scenario. A close family member lives in an HOA in Colorado. The HOA provides water service to the members by private well and charges each home a monthly fee for water. The HOA continually raised the water rates. Some of the homeowners complained about this to no avail so the group took the HOA to court. The court agreed with the homeowners that the water rates were too high and made them lower the rates. The HOA was upset by this and disconnected the water to my family members house. She went an entire summer with no water but carried water in from a neighbor. The only way to get her water turned back on was to take the HOA back to court to make them turn her water back on. I am not saying that this is the situation here but my point is there could be some circumstances that created this issue and an investigation is in order.

LauraR5 (Tennessee)
Posts: 220
Posted:
I see your point on that, Sherry. And, actually, I did volunteer to go door-to-door in our neighborhood and ask all our deadbeats if they have a legit reason for not paying. Another board member basically said we all bust our humps to meet our obligations and no one extends us any type of special courtesy. Sometimes I think folks can be a little too neighborly when it comes to back dues. After all, how would you explain someone being allowed to get into arrears for 5+ years and still live in his home?

In my community, I can go back into any resident's file and see when they have paid any assessment. And we seriously have folks who don't pay for months on end, get sent to collections and then maybe send us a few bucks to shut us up. And, as I mentioned before, there are literally a handful of people who have never paid on time and/or make no attempt to pay in a timely manner.

I wish I could shut their water off, but they pay for their own. We can't junk up the neighborhood by not mowing their lawns for them. I wish we had something we could take away, but really that would only end up hurting others in the community (like taking away their parking spaces).
JM10 (California)
Posts: 503
Posted:
I'm all for looking into the records and inquiring why past boards did nothing. That way you know what kind of situation you're entering into.

Some sort of discussion should have been recorded. You might gain some insight before charging in.

I can think of some scenarios, both of which I have had experience with. On one hand, you could have a neighbor who has problems with authority (i.e. a hoarder). You'd need professional help with that. Another case, is much sadder. The person might be suffering from dementia. I've known of people who slowly start forgetting to pay their bills even though they have enough money or making reservations to see the same play twice.

Do the proper research first starting with the first boards members who were in place at the beginning of the problem to the board you replaced.

JH3 (Maryland)
Posts: 67
Posted:
At 7 years, the statute of limitations comes into play. You should seek all unpaid assessments, late fees, and legal fees in your collection filing. Let the court decide what is owed and what is not. There is no reason that you cannot start the collection process and an investigation at the same time. Unpaid assessment court cases are fairly straight forward, and the owner almost always has to pay up in the end. Go after everything, get what you can.
JH3 (Maryland)
Posts: 67
Posted:
The sad fact of HOA's is that everyone else, in the end, ends up paying for members who choose not to pay.

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