Withholding money from HOA fees

Started by DebbieG3 • 6 replies • 1317 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

DebbieG3 (Illinois)
Posts: 3

Posted:

I would love input on this question. I'm in a "self-governed" (big mistake to begin with) HOA. The heat is very inconsistent and the HOA president will always give you the go-around as to why. Most recently, we had -20 degrees windchill and my unit registered at 54 degrees and it was horribly uncomfortable. I had to use a small space heater just to have even a modicum of comfort. The space heater adds mightily to my heating bill. I'm seriously thinking of withholding the extra amount on my electric bill from my HOA dues. Thoughts???

LarryB13 (Arizona)
Posts: 4,099

Posted:

Don't!

Withholding an arbitrary amount means you are delinquent and if it goes far enough they can foreclose on you. Keep using your space heaters and keep complaining to the board. Keep track of your costs and after the heat has been restored (or the outside air temps rise) file a claim against the association in small claims court to recover the costs.

DebbieG3 (Illinois)
Posts: 3

Posted:

I wondered about that. But, heat is included in our HOA fees...so in my mind it's sort of like a "breach of contract". Illinois (Wheaton) municipal code requires heat of 68 degrees...

TimB4 (Tennessee)
Posts: 21,059

Posted:

An agreement to own a unit and be a member within an HOA/COA is not the same relationship as a landlord/tenant agreement.

Per the CC&Rs and other governing documents, you agreed to pay your share of common expenses. Withholding assessments, regardless of the reason, makes your account delinquent and may result in late charges, interest, the recording of a lien and (wost case) foreclosure on that lien.

The better way to address this issue is to invite other board members to your unit to experience what you are experiencing. Then ask what the Associations responsibility is concerning insulating the unit and sealing leaks.

If one Board member is giving you the runaround, contact another Board member or at least copy all board members with your issue.

If none of this works, gather support and vote in volunteers who will address the issue (perhaps you) and run the Association.

If you still want to withhold paying assessments, I would suggest contacting a local attorney for legal advice on the issue.

DebbieG3 (Illinois)
Posts: 3

Posted:

Thank you for answering. In this particular scenario, it's a very, very small self-governed HOA...small board with all members unit owners who rent out their units, they are not living here. Also, there are a lot of renters. The "president" of the HOA has virtually no accountability and no one cares. He's free to do (or more precisely no do) what he wants. Nothing gets done...doesn't plow until 24 - 48 hours after a storm...doesn't maintain landscaping and on and on. If I took my complaint to anyone, it would be him and he'd tell me why it can't be fixed. He told me this most recent problem was because my unit was on a slab??? His remedy was to pump the heat up to 80 - 85 degrees. I did that and it only registers at 64 degrees. Flummoxed and frustrated.

KerryL1 (California)
Posts: 14,550

Posted:

With others who've replied, do NOT withhold your dues or any portion of them.

You need to rally other owners to pressure the Board, not just the prez, to take care of your HOA. but that' difficult with so many Owners as nonresidents.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By DebbieG3 on 01/24/2016 3:02 PM
Illinois (Wheaton) municipal code requires heat of 68 degrees...

File a complaint. Health and Human Services (or whatever the name of the appropriate local agency is) will investigate.

Sikubali jukumu. Read all posts at your own risk.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here