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Your recorder’s office should be able to answers those questions – in my state, the liens are good for 5 years and then they can be renewed.
Besides your deadbeat owners, your other problems (the bigger ones really) are (1) an apparently lack of a collection policy and (2) the other homeowners who keep voting down assessment increases. No one likes fee increases, but I think HOA boards should be able to raise assessments up to a certain percentage without a homeowner vote (in my community, the board can increase assessments up to 5% over the current year, otherwise homeowners have to approve).
Until you resolve both of these issues, you and your fellow homeowners are in for a world of hurt when something major happens and you don’t have the money to take care of it (God forbid a fire, tornado or other mayhem comes along and there isn’t any insurance or enough of it to cover damages – because the homeowners refused to ante up!) There are discussions all over this website about collections and how various associations address it, so I’d start with a search to get some ideas to bring to your board.
I’d also call for a special homeowners meeting (aka come to Jesus meeting) where people need to hear the hard truth – it’ll hurt, but may set them free! Make copies of your budget and most recent income/expense statements with figures showing how many homeowners are delinquent, how long they’ve been delinquent and how much is owed. You don’t have to name names – saying X homeowners have been delinquent for X number of years and owe a total of $ as of this date should be enough.
If anyone asks who they are, tell them the Fair Debt Collection Act, a federal law prohibits disclosing one’s debts to unauthorized people. Yes, I know you’re all business partners in a sense because you own the common areas together, but unless someone’s willing to pay off the debt and then you can disclose the name, you need to keep things businesslike and professional to avoid heavy fines for disclosing private information.
In the meantime, real numbers should demonstrate to everyone how these deadbeats are risking the quality of life and ultimately property values for all. The property still has to be cared for and when some don’t pay, everyone else has to pay more to make up the difference. If you don’t get enough money, the board has to make tough decisions as to what gets paid.
Now that everyone’s paying attention, announce the board’s new collection policy, effective immediately. Give a copy to everyone and tell them those who currently owe will have liens filed against their homes and they will be referred to an attorney the board will hire to collect the debt. As part of the new collection policy, delinquent homeowners will be required to reimburse the association for all collection costs and attorney’s fees incurred in pursuing the debt, which can and will include foreclosure. If delinquent homeowners would like to make arrangements to pay off the debt, notify the property manager or whoever you designate. Since money is already an issue, tell the homeowners until this gets fixed, non-essential work will be delayed, starting right now.
Looking towards the future, ask the homeowners to consider amending the governing documents so that the board can increase assessments up to a certain percentage every year – anything higher can require the 2/3rds homeowner vote. If they don’t want to fund the association properly, the alternative is to special assess everyone whenever a major expense comes up – they’d have to vote for that too and won’t like it either, but if you need a new roof, you’ll have no choice. That’s why it’s usually better to pay a little more now to allow for inflation and emergencies so you don’t get a nasty surprise.
Hey, I bet you guys don’t have a reserve study either – if you do, that’s more ammunition for your request to amend the documents. If not, get one – and yes, that’ll probably back up non-essential tasks for a few more months.
Don’t want to give the board the authority? Ok, amend the documents to move responsibility for certain items to the homeowners and they can figure out for themselves how to pay for repairs and replacement. Then, they can keep fees “low.” You may want to pass out a few invoices for recent work so they can see how much things really cost – that work may have covered everyone, but what happens if they have to pay for the work all by their lonesome?
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius