What happens when the HOA pays?

I often see poster on here wanting to know if their HOA should pay for something or if it is the homeowner's responsibility. Which the answer depends on a variety of issues and what is laid out in the rules. However, I want to take a look at what it means when a HOA pays for something instead of the homeowner.

A HOA is ONLY funded by it's members for it's members. The HOA income is collected by dues, late fees, and special assessments. (Fines are NOT considered income. Fundraisers (garage sales etc...) are subject to taxes). The simplest form of income for a HOA are by dues/special assessments. Which is what I am going to use here as the general basis for simplifying.

When you want the HOA to pay for something, that means that ALL the owners/members are going to pay for it. Including yourself. The HOA may have the money in reserves or covered by it's dues collections. That is the best scenario and what everyone thinks or hopes for in their HOA. That their dues will have covered the expense for the repair or upgrade. However, reality is much different.

The reality is that if you think the HOA is responsible for your drainage issue, then the HOA has to vote to agree that it is and to the solution. It then has to find a contractor and get bids for the work to be done. Once the bid is approved and contractor, the money needs to be found to pay. Which is already in the fund or has to be raised.

If there is no money in the budget, then the HOA has to vote on a special assessment or raising the dues. That special assessment then has to go through that process of approval by not only the board but most likely ALL the HOA members. If that assessment does pass, then it is the process for collecting. Which not everyone will pay their fair share of the special assessment. Especially if they disagree with it or don't believe they should pay for work for someone else. Which then means the HOA may have to force a lien against these owners who refuse to pay. Placing a lien or even contacting a lawyer again adds to the expense of the project.

I wanted to point these issues out for those who don't understand why their HOA isn't going to fund their project or subject to having a special assessment/dues raise for a HOA project. Whenever you want the HOA to pay for something, keep in mind that the money is EVERYBODY'S money. It may be a better option for you to suck up the cost for an improvement/repair yourself as long as approval.

In your many future posts using this quote, Melissa, please write: "An HOA is only funded by its members for its members." Thank you.

The drainage matter that Richard brings up is a good one because it most likely is specified in some document or other WHO is responsible for it & ITS maintenance.

Melissa's last sentence is a little confusing to me but she seems to be saying that if a homeowner wants some sort of improvement, s/he should pay for it themselves. I agree if it's their personal responsibility as spelled out in the documents.

But if owners want improvements to the common areas, they should submit a request with or without drawings, say, and estimated costs, to the Board to consider it. An owner wouldn't have to pay for adding a flower bed in a bland unused common area.. A responsible board will look into the feasibility, expense etc., of improving the common area and report back to the homeowners with an answer. One might be yes there's enough available in the xx line item of the operating budget to do this. Another might be, there are not enough funds this year to do it, but we'll put it in next year's budget. A third answer might be a no for any number of probably physical reasons.

I did get cut off while posting... My puppies decided to play and wouldn't stop making their own comments with their paws. Plus my wrist is still hurting and have to take some breaks with it.

My point is this: If you ask your HOA to pay for something, the bottom line is that you ALL pay for it. ALL the member's money is used to pay for that request be it roof replacement, legal advice, or damage to your flowers. ALL the member's money is used to pay the Property manager, contractors, and responsibilities. There is no "THEY MONEY". It is ALL of your money. Hence why a request made for the HOA to spend money even a reimbursement has to subject to approval and voting. That vote may just involved the board or it may require an entire HOA member vote. Either way, the money is EVERY MEMBER's Money and each member has a right to say by a majority how they want it spent.

Do you think it's fair that someone wants their drainage issue fixed in their yard with HOA funds, while your yard has needed a piece of sidewalk replaced? You want the HOA to pay for that. Which they probably should. However, expect to also PAY for it and not be a "Free ride". You are ALL invested in how your HOA looks. So when you ask your HOA to pay for something realize that it is ALL of you and your neighbors money going toward that project. Your basically asking that when you request the HOA pay for something.

Do you want your HOA to pay for that? Then ALL of the members pay for that. Realize the effect that you are having on your request for the HOA to pay for things. Is it something that getting permission for or taking responsibility for first is the best option? Or are you just trying to escape out of the cost coming out of your own pocket?

We are 113 standalone patio homes. About 30 of us border on or overlook a pond. While a retention pond, it is also spring fed and has a large sprinkler in it.

We have one of the "pond people" that has been advocating for increased expenditure to "landscape/decorate" the pond.

We have one of the "non-pond people" that has complained about the cost of installing the sprinkler and electricity to operate it.

Sometimes you can not win..........LOL

Melissa,

What exactly are you trying to say?

That BODs frequently use assn. funds to make repairs/mods of private property?
That (only) affected owners should make repairs to common elements?
Or that a member who suggests a (common) betterment 'suck it up' and fund it?

Is that your experience?

Guess I'm just trying to see the point of the post in the absence of a question.

Cheers!

I have NO idea what you are trying to convey. I think the wrist has been affecting your reasoning.

I see I wasn't the only one confused.

Melissa,

I actually think the inverse, "What happens when the HOA doesn't pay?", is the real problem and was in my case.

Ours is a gated, fenced, community of 100 homes. The property already had 6' CBS/Stucco fence on 3 sides from prior developments.

The '4th side' is a 1500' long cypress fence erected by our developer (cheap skate).

After 10 years and 3 hurricanes it needed replacement. Entire 8' sections were gone.

Of the 100 lots about 25 were adjacent to this fence. A year or two after the major damage was sustained owners adjacent began to ask when the fence was going to be repaired/replaced since trees and other items were long since replaced.

The BOD said (basically) the fence will cost $20K, or ~$200 per member, and many of the 'other 75' owners (not adjacent to the fence) complained.

The BOD decided they would (compromise?) put up ficus plants instead. BS we cried! The fence is/was an 'amenity at time of purchase' and must be replace in kind.

The BOD continued to ignore the facts and told members to put up their own fence.
(Kinda like what your saying Melissa, No?)

That was the last straw for me and a few other owners. We investigated at City Hall and found the fence was part of the community's recorded plat and is considered part of the 'landscape plan' which cannot be altered without a LOT of $ and "Red Tape" at City Hall with NO guarantee of approval BTW.

This investigation got the attention of the code enforcement department and set off an inspection.

Thus a (landscape) Code Violation warning was issued to the HOA to replace the fence within 180 days or face fines.

So Melissa as far as "everyone pays"... YES, that's what you should be opining about.
The fact that you only pay a fraction of the upkeep but have 100% enjoyment or peace of mind an amenity provides.

You make it sound so negative about spending money.

It was BUDGETED to be spent wasn't it?

It's called a 'Corp. not for profit' for a reason.

Cheers!

Melissa I too fail to see the point of this unsolicited, and unfortunately inaccurate, advice.

I truly believe Melissa means well.

But at the risk of sounding judgemental, she should know her audience (mostly life seasoned, experienced, ADULTS), 'reel it in' a bit by being more concise (less verbose), and maybe not appear to be lecturing or teaching but rather sharing... when ASKED!

Cheers!

Tim,

Understood!

To clarify, the 'asked' portion of my comment was misspoken.

What I really meant was in response to a thread or question.

In the time I've sat and watched things 'going on' here I noticed that she tended to post 'lessons' if you will.

These frequently precipitated pointed corrections and somewhat personal critiques.

They are lengthy, often inaccurate or based on opinion, and no matter how well intentioned possibly a bit CONDESCENDING.

Once the critiques started, it turned into a 'pig pile' sometimes completely vectoring away from the 'lesson'.

We all have strengths and weaknesses, want to feel important, be respected, and have something to contribute.

But posting in this fashion seems analogous to one of my favorite quotes from Hamlet(Shakespeare): "The lady doth protest too much, methinks."
(In Shakespeare's time the word 'protest' meant "declare solemnly" rather than "deny")

In other words stop trying so hard (to impress).

Share what you know, Please, but be clear when you're just opining.

Opinions are not to be discredited, misinformation most certainly will be.

I do stand by my belief of her intention and say these things with all due respect.

Having said all that, and in all fairness, who am I to judge?

Cheers!

Melissa is mild compared to some on the forum.
Heck, I'm sure I've had my moments as well.

If you do take a post as a bit condescending, consider your response as practice when you may have to address your associations CCO (chief complaining officer) face to face at a meeting.

We agree to disagree.

Often people communicate to others in ways similar to their own needs.

Some don't get it the first time and feel the need to say the same thing over and over.

Cheers!

I just realized what RwT meant by "condescending," which is Melissa's habit of using, along with repetition, a lot of CAPS--as if we're all too dense to comprehend text written in regular type.

LOL

You would think people would understand where the money comes from but look at so many post on here and it will make you doubt it strongly. People post on here that their HOA is NOT paying for this or that XYZ project/item so they aren't going to pay their dues until they do. Can't tell you how many member I've had "protesting" by NOT paying their dues because they weren't getting their issue addressed. It's like we can NOT address your issue if your NOT paying your fair share or are in "good standing". I believe the HOA should do projects for those in "good standing" as a requirement. Those who threaten lawsuits or "protest" by not paying should not be put on the front burner.

Sometimes you may have to pay for an item/project yourself. It's not fair, but if your that impatient for it, then pay for it. If you decide to sue the HOA for that expense, you have to show the court anyways your out that expense. A court ONLY makes one "whole". Have to show the expense just like the HOA has to show approved/disapproved proof.

SG, I'm not an attorney but I know of no state where this is a viable solution. In fact it can allow the HOA to charge you late fees, attorney costs, liens and if done long enough can cost you to loose your home through foreclosure.

I can't make sense of this.

If the sidewalk is your property, you pay to fix it. If it's the HOA's property, the HOA pays. Is that what you meant to say?

That's why homeowners pay dues: to fund the common property repair and upkeep.

I hope you are not suggesting that anyone who requests that the HOA repair its own property to be asking for a "free ride."

" I hope you are not suggesting that anyone who requests that the HOA repair its own property to be asking for a "free ride." "

That's what it sounds like to me. It's supposed to be an equitable distribution of the expenses, not some having to pick up the slack.

I do know of one owner like that, who doesn't seem to make the connection that it is we/our-fees that pays for everything. But a lot of people don't understand how we pay all this money in but get very little in return. Thst would also be in comparison to other communities.

If they are supposed to cover sidewalks they shouldn't expect a few residents to pick up the tab for it because they aren't assessing everyone enough or spending wisely.

I did say I know of one person who doesn't make the connection to fees for funding. They are not otherwise too bright so it is not surprising. Most people seem to know they pay fees for a reason. Special assessments make that perfectly clear. They know full well we will be hit for more money when work needs to be done. What we don't understand is where the money goes. It doesn't show.

If you had seen any of my posts you would know we live anywhere but Wonderland.

All you have to do is tell them the HOA can't afford something noncritical like replacing a tree which wouldn't fall under property repairs. Now here, we would be wondering why the tree was not even being removed.