need Help Please

Started by JeaniceR • 4 replies • 1222 views

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JeaniceR (Montana)
Posts: 3

Posted:

I am in a small hoa of 5 homes. The people who where running up and moved and came to me 4 days ago and handed everything over to me. We have a well that supplies all five homes with a seperate power bill under well House . they told me that they called up to get there name off and said that the power will be turned off and they closed the account for the hoa and got a cashers check. well I did call the power company and got it into the hoa under my name so we would have water. now to open a account at my bank I will need sig. we have 2 of the homes not paying the dues we have been trying we need help with that but do I also have to have the sig from them as well or just the other 3 I don't think that the 2 not paying could take on the responsiblity I need alot of advise and some sample letters to get this going and deal with the non paying also I would like to have help on wording a letter to have me take over they moneys

need all the help I can get
THANKS Jeanice

BradD2 (Florida)
Posts: 418

Posted:

What State?

JeaniceR (Montana)
Posts: 3

Posted:

I am from Montana

JM2 (Oregon)
Posts: 439

Posted:

Hi Jeanice:

I would recommend the following:
1) Find out who are the board members (if any) and who is the president (if any).
2) Read through your association documents (Declaration and bylaws) to find out how the HOA is supposed to be run.
3) Find out if your HOA is incorporated. If it isn't, then the HOA might not be able to open an account in its name. You may need to get on your secretary of state's website and do a corporate name search.
4) Look through any financial reports, etc. to find out how delinquent the two unpaying neighbors are.
5) Find out if your HOA has any recourse against the owners, and if so, how to proceed. You might have to sit down with an HOA professional in your state, who should know all that stuff, or with an HOA lawyer.
6) What did they do with the cashier's check? If they gave it to you, that's good, but if they took the money...that might be bad. You might have to research through your financials to see how things have been run, and if it has been correct.

I hope that's a good start for you. It would have been nice if the people running things would have gotten someone up to speed on things, rather than just dumping things in your lap.

JPM

GloriaM (North Carolina)
Posts: 829

Posted:

Putting the account in your name was a dangerous thing to do. You will now be the responsible one to pay. All services should be in the HOA name with the HOA's Federal Tax ID number.

Also follow the advise in the above post and the steps he laid out for you.

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