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Started by BrittanyS • 8 replies • 1349 views

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BrittanyS (Georgia)
Posts: 3

Posted:

Just trying to get an idea we had a total new board elected on Saturday and they are trying to begin getting some things done because our HOA owes the Master Association $2300. Well the President who was the treasurer is going to be leaving town until the 20th of April! We have to have the Master Association Paid by APRIL 1 or they have said they will begin putting liens on homes. What can the new board do and when can they technically start? The lady who was doing the HOA management has also said she refuses to meet or give over anything until the 20th. What can we do?

GlenL (Ohio)
Posts: 5,491

Posted:

Well if your CC&R's are like most everyone elses, the new Board became the Board when the votes were counted and the results announced. If the treasurer is not willing to write out the check now and the rest of the Board wants it paid, remove him from the treasurer position and appoint someone else. As to the MC lady she works for the Board, not the other way around, if she doesn't want to follow a reasonable directive, start looking for her replacement.

Studies show that 5 out of 4 people have problems with fractions

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I am confused a bit on this one. How is it that you owe the Master Association this money? Are you a subset of the Master Association? Why can they put liens on your houses for this debt? They can put liens on homes who have not paid their dues/assessments. Which is normal operating procedure. So what are you trying to do stop them from liening of which you all should be doing to collect money owed. I always say a lien/foreclosure stops as soon as the money owed is collected. Seems to me it's time to make some payment arrangements or have a special assessment to collect the money owed.

Former HOA President

BrittanyS (Georgia)
Posts: 3

Posted:

We are a subset of the Master Association its in our bylaws and they are wanting back dues, which are former board members were refusing to meet with them and talk over things. There was a lot of miscommunication and lack of communication. But we do owe the money it is back dues for 4 years, which we do have the money to pay. The old treasurer which was the former president has not released any of the books, checkbook, etc to the new treasurer. The management company we are assuming she quit since she pulled down our association website but she has already been paid for the month March 20- April 20. It is a huge mess!

LarryB13 (Arizona)
Posts: 4,099

Posted:

Brittany,

I agree with Glen that your board is now the lawful board of directors.

The part about the treasurer is a little confusing but if he is refusing to hand over control of the funds immediately, I would take some action. Try camping out in his front yard, block his car to prevent him from running off. Stuff like that. Make a scene and embarrass the hell out of him until you get the funds and the accounts. From what you wrote, this moron has put your association at risk and you owe him nothing.

BrittanyS (Georgia)
Posts: 3

Posted:

I'm sorry if I have made it confusing, but overall it's confusing for us too. The previous president was the treasurer as well (Very strange if you ask me), and supposedly is out of town until April 20th. Everyone on the new board wants to just transition in smoothly and pay the M.A. so everyone is in good standing. Thank you all so much for the info, I really appreciate it! I believe we will be able to get somethings done and hopefully keep it peaceful!

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Brittany

As you are the new BOD, you should be able to get the bank that has the HOA checking account to "sign" it over to the new BOD Officers.

Check with the bank.

JeanneK3 (Maryland)
Posts: 562

Posted:

Brittany:
It sounds like the President had sole authority to sign checks. This is not wise. When you redo the bank cards make sure at least 2 board members must sign every check.
Jeanne

BrianB10 (North Carolina)
Posts: 24

Posted:

Brittany,

Approach the master association and tell them the truth... We understand we owe you money, our new board does not meet till xx/xx/xxxx.. This is the top issue on our agenda. Please hold off on legal action till then. Associations DO NOT like to throw money down the drain, which is a common misconception. As a manager I would tell my Board, "hey look they have asked for a little more time to figure this out. Give them a little more time, because otherwise you are going to pay roughly $125-$200 bucks to start filing liens per home and once you start that you are not going to see a $.50/dollar owed you." If that does not get their attention, then they are completely irrational.

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