Inactive to Active Dues Collection

Started by RebeccaA4 • 5 replies • 1664 views

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RebeccaA4 (Kansas)
Posts: 3

Posted:

We purchased a house in 2009. At the time of the closing, the developer was in charge of the HOA and it was sent to the title company as being an inactive HOA. We did not hear from the HOA until 2011 when we had the first HOA meeting and it was turned over to the members. Since then, the HOA has been mismanaged and now they are trying to collect back dues since the purchase of our house. The declarations were adopted in 2007 with the county, but the developer told the title company the HOA was inactive. Do we have legal standing to fight the back dues issue? Is there a way to prove whether an HOA was truly active or inactive?

Thank you all for the help. Each situation is unique and there are so few resources to help.

SheliaH (Indiana)
Posts: 6,964

Posted:

You need to talk to an attorney.

However, you also said the first HOA meeting was held in 2011 after the community was turned over to the homeowners, so apparently it did exist, even though you say it was mismanaged, which is another issue.

What do you mean by mismanaged? Did the HOA send you notices stating you were behind? What was your response? What did it do next?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

FredS7 (Arizona)
Posts: 927

Posted:

Well thinking globally- either all the owners owe the dues since 2011 or none of them do.

Did anybody pay?

RebeccaA4 (Kansas)
Posts: 3

Posted:

The HOA sent out the first dues notice in 2011 and 2012 - we paid it. We did not get one in 2013 so it was not paid. We paid 2014 and 2015 and are preparing to pay 2013 as we know it is past due. The years in question are 2009 and 2010 where they say it was inactive. By mismanaged I mean they did not adhere to the bylaws. There was no communication, no meetings or elections, dues notifications were not sent out some years. No reports were filed. Duties of the HOA (maintenance of areas type of things) were not done. I recognize that we owe the years they were active. It is the years they were "inactive" I am trying to say we do not owe but I am not sure how to do that.

RebeccaA4 (Kansas)
Posts: 3

Posted:

I am not sure who did and did not pay. They are not releasing that to us and they are not releasing a directory of the homes/contact info for us either. I have to go to the city to get all that information and follow up individually with households (quite a large project)

KerryL1 (California)
Posts: 14,550

Posted:

What size is you HOA, Rebecca? Is there a board of directors now? How did they get elected? Was it when the project was turned over to you in 2011?

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