JoshuaD1 (Oklahoma)
Posts: 1
Posts: 1
Posted:
Hi,
I took over the presidency of our POA, in Oklahoma, in 2016, and it's been a mess. We now have a new board, same bylaws, and CCRs. My dilemma is that, after going over who owe dues and those who don't, has caused some major turmoil. We have about 400 plots of land, and 10 miles of roadways, and our yearly dues are $132.00 a year
We have residents who have not paid in close to 12 years. We do have some residents who do pay, as it's just enough to maintain the lights, and grade and gravel a couple of times a year (if we are lucky.)
The previous president said that they would just wait until the house sells, and see what happens... <- I know, right?
Now, I have a major mess.
We are trying to get these delinquent dues caught up, somewhere around $200,000. We gave everyone the option last year to be fully paid, with interest and fees waived. And at our meeting in January of this year, we voted to turn this over to collections ( with the liens being the last resort.) This too, has been a mess, as our previous treasurer left us.
We are trying to get our roads back into perfect shape, replacing signs, and other things that previous boards have neglected.
Now here is my question...
If, based on our bylaws, we consider this to be failure to pay dues, and since we have sent dues statements out every year, is this considered a "single ongoing breach of bylaws" and if so, do the Statutes of Limitations apply? What are our options, as we don't really have the financial structure to handle a lawyer right now?
I took over the presidency of our POA, in Oklahoma, in 2016, and it's been a mess. We now have a new board, same bylaws, and CCRs. My dilemma is that, after going over who owe dues and those who don't, has caused some major turmoil. We have about 400 plots of land, and 10 miles of roadways, and our yearly dues are $132.00 a year
We have residents who have not paid in close to 12 years. We do have some residents who do pay, as it's just enough to maintain the lights, and grade and gravel a couple of times a year (if we are lucky.)
The previous president said that they would just wait until the house sells, and see what happens... <- I know, right?
Now, I have a major mess.
We are trying to get these delinquent dues caught up, somewhere around $200,000. We gave everyone the option last year to be fully paid, with interest and fees waived. And at our meeting in January of this year, we voted to turn this over to collections ( with the liens being the last resort.) This too, has been a mess, as our previous treasurer left us.
We are trying to get our roads back into perfect shape, replacing signs, and other things that previous boards have neglected.
Now here is my question...
If, based on our bylaws, we consider this to be failure to pay dues, and since we have sent dues statements out every year, is this considered a "single ongoing breach of bylaws" and if so, do the Statutes of Limitations apply? What are our options, as we don't really have the financial structure to handle a lawyer right now?