The "I didn't Sign Any HOA Documents Argument

SO I am back to ask for some wording assistance with one of our homeowners. This person is 3 years past due. When I contacted her, after becoming HOA president, I she was mean spirited and only wanted to battle me. Since there had been some poor bookkeeping prior to me being president, and in an attempt to help "clear our books" I made her an offer to wipe out 1 of her 3 years of dues and the late fees. She accepted but refused to list any dates or amounts of what her repayment would be. After some prodding I got her to list off dates. She kept one of the pay arrangements but when her next one did not arrive, and she stopped responding to emails, we decided to file in small claims court. Now, as if I am going to do her work for her, she is demanding proof that she ever signed and agreed to any of the governing documents. Other than me saying "it was in your closing papers" I'd like to know what other counter argument I can make to her.

What Tim said re deed restriction.

Also, if you had a written agreement for her to pay 2 of 3 years, then her one payment represents acknowledgement of the debt.

Gregg,

What all the previous responses said.

This sounds like an owner who needs a serious dose of reality. Give it to her. Sue for the past due amounts and let her lawyer and the judge provide the lessons in Property Law 101, an education she will pay dearly for.

BTW, one of my fellow board members once insisted that he had signed nothing, either.

I agree with Tim and the others.

In my deed there is a paragraph that states that by accepting the deed I am bound to abide by the Association's Declaration, Bylaws, and Rule. It is likely that all of your deeds contain a similar paragraph. It's easy enough to check. You can go to where the land records are kept and obtain a copy of the person's deed (slight cost). Highlight the portion that states the person has agreed to abide by your CCRs, or whatever, and show it to the person.

Few people ever bother to actually read their deeds.

The fact that she kept one payment agreement proves that she was aware of the HOA - otherwise, why didn't she bring up that argument at that time? Just sue her and let the judge sort it out-she WILL lose.

This is why our community has begun working on putting together a fact sheet for realtors so they can tell the buyers just what kind of community they're buying into. I plan to suggest to the board that the Association go one step further and prepare an acknowledgement form that can be signed on closing

Is the HOA obligated to provide a copy of new home owners? I agree with most everything said so far but can she make the argument that she didn't know of the CC&Rs because no one ever gave her a copy? I can't see how the closing, title or realtor companies would have copies to give them in the first place.

FYI - Since becoming HOA President I created a welcome packet that has all of our documents in them and have personally delivered them to new home owner.

GreggK2 (Kansas): Respectfully, you should expect to hear some questions so that some of commenters can try to provide helpful feedback as to “ . . . SO I am back to ask for some wording assistance . . . ”

1- “. . . I made her an offer to wipe out 1 of her 3 years of dues and the late fees. She accepted but . . .”

Tim B4 (Va) had asked above whether you (/your Board/ Owners meeting ? ) have a fee-waivering authority ?

If no such authority exists short of by a specific vote of quorumed owners / entitled, what you would be trying to do is to enforce - or get judicial enforcement of - some sort of deal void from the start. Courts don't like to enforce buckshee deals nor 'unclean hands' deals, including because it opens the door to more.

It is not uncommon for Board members to think they have such authority without an express power within the Declaration or at least valid by-laws. But without such, how have the remaining owners agreed to let one or more Directors play traffic cop with receivables ?

So can you please answer Tim B4's question.

2 “. . . . Now, as if I am going to do her work for her, she is demanding proof that she ever signed and agreed to any of the governing documents. Other than me saying "it was in your closing papers" I'd like to know what other counter argument I can make to her.. . .”

Does this come within Untrained Volunteers trying to give legal advice ? It might. Doesn't Kansas have lawyers for her to hire including the professional she might have used at initial purchase ? They at least are insured / face whatever consequences of sloppy advice.

That said, if your State requires that a valid express chain of contract transfer CCR obligations expressly from seller to vendor, AND if sloppy conveyancing failed to lift the load off the seller onto her shoulders, then she could be right. ( This would be the case in my own jurisdiction for non-condo sales involving a botched transfer ).

But many states do not require an express transfer of "affirmative obligations" including chaotic deeds from assembly line bankruptcies / Powers of Sale etc . Maybe your state validates such based only on implied acceptance or merely a reference on title abstract to CCRs registered separately. ie she did not have to expressly and specifically accept "affirmative obligations" but rather they hit her by implication ?

So is it within your own skillset to explain such to that woman ? Why not let her hire her own insured advice ?

Bob took the long way to get there but this is an excellent point. Not only are you wasting a lot of your time providing legal advice to an ignorant and argumentative homeowner, you are also putting yourself and your association in a precarious position by offering up the advice. Let her find an attorney.