JamesB22 (California)
Posts: 19
Posts: 19
Posted:
If an owner is behind on their hoa dues, would/could there be something in the by-laws that precludes them from making complaints/demands until they are current in their dues?
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deliquent hoa dues
Started by JamesB22 • 7 replies • 1719 views
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SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
Your free to complain or demand all you want. Whether someone listens to you or not is another story.
Typically if your behind, they take away voting privileges, removal from office or pool/gym entry, stuff like that.
Typically if your behind, they take away voting privileges, removal from office or pool/gym entry, stuff like that.
NancyG3 (North Carolina)
Posts: 342
Posts: 342
Posted:
To add to Steve's message.
As a prior treasurer if dues not received on due date a letter went to the HO as a reminder. If no response in 15 days another letter was sent to the homeowners adding late fees. Then if no reply within 45 days a 3rd letter went to the HO explaining that if the dues were not paid by a certain date it would be turned over to the Assn attorney and they would be charged the attorney fees of $475. to file court papers. This usually got the homeowners attention and they paid theirs dues. Sometimes there would be an exception if homeowner was having financial problems then a payment plan was set up. We have 108 homes and the years I was treasurer by the end of the year all dues were paid. Hope this helps and gives you some ideas.
As a prior treasurer if dues not received on due date a letter went to the HO as a reminder. If no response in 15 days another letter was sent to the homeowners adding late fees. Then if no reply within 45 days a 3rd letter went to the HO explaining that if the dues were not paid by a certain date it would be turned over to the Assn attorney and they would be charged the attorney fees of $475. to file court papers. This usually got the homeowners attention and they paid theirs dues. Sometimes there would be an exception if homeowner was having financial problems then a payment plan was set up. We have 108 homes and the years I was treasurer by the end of the year all dues were paid. Hope this helps and gives you some ideas.
NancyG3 (North Carolina)
Posts: 342
Posts: 342
Posted:
I just reread your post. In our Covenants when the homeowner is 60 days in arrears their voting privilages are suspended and they can not be elected to the Board of Directors.
PeterD3 (Florida)
Posts: 708
Posts: 708
Posted:
Quote:
Posted By SteveM9 on 09/01/2013 2:24 PM
Your free to complain or demand all you want. Whether someone listens to you or not is another story.
Typically if your behind, they take away voting privileges, removal from office or pool/gym entry, stuff like that.
Your free to complain or demand all you want. Whether someone listens to you or not is another story.
Typically if your behind, they take away voting privileges, removal from office or pool/gym entry, stuff like that.
Many states define what priviledges, services, and amenities useage can be witheld for nonpayment of dues.
Beyond that, the HOA is still responsible for addressing ANY and all member's concerns.
Failure to do so would be wreckless and irresponsible.
Don't take the law into your own hands... sort-of-speak.
DaveD3 (Michigan)
Posts: 796
Posts: 796
Posted:
Complaints/demands? There is certainly nothing that I have seen that limits free speech based on dues status.
Voting rights, which is an OFFICIAL voice? Most certainly can be limited.
But they can bitch all they want about anything. Dues in arrears or not, the board is under no obligation to act on anything they say. However, if they're making notification of legitimate violations, it's incumbent on the board to follow up properly, no matter the state of their dues.
Voting rights, which is an OFFICIAL voice? Most certainly can be limited.
But they can bitch all they want about anything. Dues in arrears or not, the board is under no obligation to act on anything they say. However, if they're making notification of legitimate violations, it's incumbent on the board to follow up properly, no matter the state of their dues.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Is the non payment of dues in protest of the HOA not doing what the owner wants? Then I say you do NOT let anyone hold your HOA hostage with that method. You create a policy in your HOA of 6 months you lien regardless of excuses. That way you can still address their issue if it indeed is something that needs addressed and the HOA has money for it. Understand that you still pursue the lien even while they protest they will pay when you all fix it.
The HOA is not under any obligation to individuals but to the common property of ALL. If your budget does allow for a fix to an amenity but not for an owner who wants "gutters". The HOA pays for the amenity fix....
The HOA is not under any obligation to individuals but to the common property of ALL. If your budget does allow for a fix to an amenity but not for an owner who wants "gutters". The HOA pays for the amenity fix....
Former HOA President
AllisonD (Florida)
Posts: 449
Posts: 449
Posted:
I will say that there are many times when my homeowners who are delinquent, when faced with delinquent notices, will suddenly find things to complain about. I am not sure if they are deflecting or using the complaints as a "reason" for the nonpayment but I navigate around the complaint when I am speaking to the delinquent homeowner, and if its something that needs investigating, I certainly do investigate. It happens so often, that I simply refuse the impulse to react any longer.
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