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DakkingtonS (California)
Posts: 2
Posted:


Hi folks. First time poster so hopefully I'm in the right place!

I'm an owner in a 4 unit condo building. Very basic HOA - covers trash, maintenance etc and a bit of a nest egg for big projects.

However, we have one owner in the building who is mentally ill and for the last 18 months or so has refused to speak with any of the rest of us - even in passing in the hallway. She has attended no meetings nor responded to any emails, phone calls, knocks on the door or direct attempts to converse on the sidewalk. Although I try to have some sympathy for this person, it's getting a little ridiculous.

Anyway, she continues to pay her dues as usual so the rest of us have carried on with our meetings and generally tried not to let it bother us. It has basically been a non-issue.

However, the time has come to do a fairly big painting project that is going to require $3,000 from each of us. I am quite certain that she is aware of the project as she does check her email and has read and removed notes left on her door.

My question - what can I do to ensure she pays this? It's entirely possible she'll just do it without speaking with us to avoid any interaction. But it's also possible she'll ignore it and the rest of us will have to cover her share. I have been very clear in my notes to her that she has been invited multiple times to give input on the project, she is welcome to give input, and that the current vote to proceed is "3 in favor with one abstention".

I am fairly certain she is not in financial distress so that should be a moot point. If she doesn't come forward with the money should I threaten her legally? Am I allowed to? Is this an expensive process and if I win is there any recourse to having her foot the legal bill?

Any thoughts or help appreciated!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Well your putting your fears rule your thoughts on this one. The reality is that you should be giving a timeline for the special assessment to be paid by. Do you have that deadline established? If it is then exceeded, then you may extend a small extension. Like 10 days. Once that is exceeded then you can start the process of filing a lien. Which should require a certified letter. Keep the unanswered/rejected letter if it is returned.

If they really aren't going to pay, then I would make sure to re-assess the amount everyone has to contribute. Which may include the price of filing the lien. It's going to suck, but that owner can't sell their home till it's paid. It will accumulate over time. Once the lien is paid, then the money goes back to the HOA making it "whole" again.

Not sure if the person is mentally ill or just very smart not to talk to neighbors... That can be up for debate...

Former HOA President
DakkingtonS (California)
Posts: 2
Posted:
Very interesting. You're right, i'm assuming the worst... I reckon we'll proceed and simply assume she'll cough it up. Good to know there is at least some recourse if this goes south.
BenA2 (Texas)
Posts: 1,273
Posted:
Assuming your CC&Rs allow a special assessment with three votes, you could take legal action, including a lien, if she doesn't pay but I would consult with an attorney first. There could be laws or legal precedents in your state affecting special assessments, such as when they can be used.

SueW6 (Michigan)
Posts: 814
Posted:
I sure hope you explained this better to her than you did to us.

Was there notice of the motion to vote for the $3,000 increase per owner? - payment all at once? or payments spread out over 12, 24 months? or would she see that in an increase in monthly fees?

How come there's was no Reserve Fund to tap for this painting?

Maybe she's ignoring you, because you were so vague. Best to have all your ducks in a row on this one.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
DAK

Follow your procedures for a Special Assessment. Assume with 3 of your 4 agreeing, it will pass. If she pays fine. If not, legally go after her.
LetA (Nevada)
Posts: 2,679
Posted:
She is under no obligation to communicate with anyone, send her the letter for the special assessment of the $3000.00 and LEAVE HER ALONE.

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