Collecting from nonmembers

Started by SarahS2 • 2 replies • 2886 views

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SarahS2 (Virginia)
Posts: 1

Posted:

We started a voluntary HOA to collect road maintenance funds from people on our private road. The HOA is voluntary because we do not all share the same covenants or road maintenance agreements. We have some non-members that want to contribute to the maintenance but are afraid if they pay us or the contractor it will be legally binding that they pay us according to our assessments in the future. They are also afraid we will sue them if the don't pay. They are asking for us to sign some kind of release from us. Should we sign it? Can we sue them if they don't contribute? We are in VA. Thanks.

LisaS (Illinois)
Posts: 341

Posted:

If they have no legal/contractual obligation to contribute, you cannot sue them.

They need not be concerned that if they voluntarily contribute to road maintenance that they are forced to pay assessments, or any additional funds.

The only way I can foresee there being a problem is if the individual homeowners involved are signing an agreement for maintenance with a contractor. If they sign that, then they are obligated to it's terms.

Lisa

BrianB (California)
Posts: 2,820

Posted:

they can contribute money to the organization the same as they can give money to the government or a charity, with no agreement what so ever that anything is legally binding or any precedent is set.

if they are truly worried, have them give cash. absolutely untraceable.

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