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JanetD4 (Illinois)
Posts: 5
Posted:
Morning all,
I'm new to this board as well as HOAs. I live in a common interest community, it includes approx 28 homes and the association location is along waterfront on a lake in Illinois. The HOA was created 30 years ago, and dues are 25.00 per year, not much, right? I suspect that half of the association members have not paid dues in years. In most cases, the non paying members live on the other side of the street who do not have waterfront property themselves. This association has never chased the past due members for unpaid dues, and as far as late fees, and/or placing liens, it's not ever going to happen. The bylaws don't mention either, and also do not mention "getting current". The bylaws do indicate a member in good standing equals having paid their dues, in a brief sort of way. So, bring this forward to now..
I'm under the impression these delinquents can not run for an office position, nor, do they have any voting rights.
I'm looking for some advice as to anyone's back paid dues. Can we make any past due members pay the past umpteen years they've not paid in order to allow them office positions as well as voting rights? I know if I bring up their not being allowed either, I will be getting a response back that they paid their 25.00 this year.

2nd question. In between the street and entry to the association property is "a road" owned by the state. There's another road entering the same assoc 5 houses down. I live directly next door to the road, that's been maintained by us for free. I.e., cutting the grass, planting annuals, leaf removal, etc. since we moved in, no one from the assoc has cared about cutting the grass, removing the leaves, etc either on the association, or on the road leading to the property. Living next door to both the road and the association, we have to look at it, and just maintain it. The previous owner did the same. At this years annual (and only) meeting held, we hardly got a thanks, and we suggested they hire a landscaper and pay them to do this. They agreed and are now indicating they will only pay a landscaper to maintain the lawn that's part of the association. Isn't the assoc also responsible for maintaining the "road" as it's the entryway to get to the association property? Not to mention, the state would never maintain their vacant road.

Thanks in advance for input.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Janet

#1 Typically Bylaws will require one to be current with all dues in order to run for the BOD or for that matter, be on the BOD.

#2 With annual dues of $25.00 where do you expect the money to come for for the additional landscaping?
JanetD4 (Illinois)
Posts: 5
Posted:
Thanks John for the response.

#1, this would also be true for voting on any matters, correct?

#2, since the road is needed to get to the assoc property, isn't it the associations responsibility to maintain it? Also, for years, one of 2 families have taken care of maintaining the road, getting from the assoc gas monies, or, mower repairs, etc. Is it not a reasonable and fair request for the assoc to provide us with the same? We're not looking to make money off of this, just asking them to repay our out of pocket expenses.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Janet,

My new home is in a situation similar to yours. Per the CC&Rs, the assessments are $50 per year.

However, I question if that Board is exceeding their authority for maintaining areas that are not their responsibility.
What the Association is to maintain would be within your governing documents.
If the CC&Rs specify that they only maintain common areas and the section of State owned road is not common area, then the Association could be entering into legal and liability issues if they choose to exceed their authority and maintain that section.

As for the potential late assessments, it's possible that the Association simply doesn't have the money to "go after" delinquent accounts. Our last collections effort cost the Association $1,000 above what we were able to collect (and we didn't have to go to court). With only $25 per year, it's possible that your Association barely has enough to provide what services they are providing.

As a member, due to privacy laws, you will likely never know who is or isn't behind unless you become a member of the Board and serve as Treasurer.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
A HOA is ONLY funded by it's members for it's members... It's not like the money for the landscaping or the payback for it isn't going to come out of your pockets... The difference is... Is it at the "Group rate or the Individual rate". Meaning do you make ALL your neighbors pay or do you pay out your own pocket? That's what it comes down to in the end.

Former HOA President
MichelleK5 (New York)
Posts: 161
Posted:
Janet, I'm only going to answer you regarding the road.

My HOA is also small, less than 40 homes most of which are lakeside (half acre lots) with the remaining, 1 plus acre lots directly across the only road that leads into the HOA.

The road is not private, and is not maintained by the HOA, nor are they required to maintain it. The road is maintained by the town. Our dues are over 100 a month and I have to agree, not sure what you can realistically expect them to do with the landscaping when you guys are paying $25.

Just out of curiosity, why do you suspect those who aren't lakeside don't pay dues?
JanetD4 (Illinois)
Posts: 5
Posted:
Hi Michelle,

The reason I know folks are past due is #1 the former treasurer mentioned that some members haven't paid dues for 8 yrs plus at our meeting last week. He also passed along a list of current association members names, addresses, and email addresses for all to have. This same list indicted who had paid their 2015, and (now due) 2016's dues, and who hasn't.
I promise you the town will not be cutting the grass, that's never happened. So, for the beautification for all of our nighbors, we will continue to make the road property mowed, and leaves picked up, etc, at our expense.
As far as doing the same for the actual association, we will no longer be maintaining that. It was at the last board meeting another member suggested a lawn service for the association. I.e., a neighborhood kid, or a retired guy up the road for 25$ a week, rather than pay us $5 for the gas we use.

Thank you all for your feedback, having this place for people to receive HOA knowledge is a great resource. 👍

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