πŸ’¬ Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account β†’

⚑ Takes 30 seconds

Already a member? Log in

ScottK1 (South Carolina)
Posts: 32
Posted:
I am President of a HOA of 97 homes in SC. The HOA dues for 2013 were 150.00 per year. I have one homeowner that did not respond to several letters asking to contact the HOA about even making payments. On May 1 I sent a 15 day notice that we would be filing a lien on the 15th. On the 17th they call me and say they will pay half of the dues this month and the other half next month. I asked him to sign an agreement stating this and told him that we would not charge any additional late fees if paid by the end of June. He says he is not paying and drummed up fees and will pay just the $150.00. I explained that I would waive the statement fees but he would have to pay the late fees, interest and the cost of the certified mailing cost which is about $30.00. He said he never agreed to pay any fees. I explained that they did when they bought the house and signed papers during closing. He said he will only pay the $150.00.
Out of fairness to the other homeowners, which some had paid late fees on their past due account, I feel we should not let this homeowner off from paying his late fees. I know it’s only the matter of about $30.00, but what he is planning to do is to sell the house and move. He wants to pay the $150.00 just so he has a title without a lien to sell the house. Has anyone filed a lien for just the late fees and for such a small amount?
Scott
TimB4 (Tennessee)
Posts: 21,062
Posted:
Scott,

I noticed you posted that you told him (I assume during the conversation) that the Association would not charge late fees if paid by June but that he had to pay specific other fees that would not be waived. If I may ask, did you have prior authority from the Board to waive such fees?

Decisions are made by the entire board and not any single Director or Officer unless the governing documents or a decision of the Board provided them authority to make such decisions. You may have avoided the confrontation had you simply said that this was a decision the Board had to make and you would place it on the agenda. Then invite them to attend that meeting.

If your State requires specific disclosures to the new buyer, you could include the remaining balance owed in that disclosure. A good Realtor would make sure that the issue is addressed at closing.

I'd suggest holding a Board meeting and discuss the issue. Even though costs were incurred, the Board may want to waive those fees simply to get the deadbeat out of the Association and consider it a lesson learned.

I do understand the principal of the issue. Sometimes, the costs involved in standing on principal alone isn't always worth the end result.

Tim

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
If it's only a few days, I'd waive it. No sense getting into a fight over something so small, especially if he made an arrangement with you to pay. Id let him know if you don't receive the check by xxx date, the lien will be filed on xxx date.
ScottK1 (South Carolina)
Posts: 32
Posted:
Yes I did have the entire board's approval to waive the fees that I told him we would do. I told him that the board would have to meet and decide what fees they would waive besides the ones I offered, and we are doing so next week.
ScottK1 (South Carolina)
Posts: 32
Posted:
The late fees are from dues that was due in January 1 2013, we have a yearly dues. He has been sent several statements and letters stating what late fees have been added each month per our CC&r's. I talked to him in person a few months ago and asked him to make payments and he said it wasn't a life or death bill to him and to do what I had to do to collect it.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Scott

All this over $30.00?. Take the owed $150.00, let him sell, and get out of there.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • βœ“ Ask follow-up questions
  • βœ“ Share your experience
  • βœ“ Get expert advice
  • βœ“ Access 350,000 discussions
Create Free Account β†’

⚑ Takes 30 seconds

Already a member? Log in here