💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

PeggyH (South Carolina)
Posts: 36
Posted:
This might be a dumb question, but our CC&R's refer to non payment of assessments shall bear interest from the due date at the legal rate of interest for judgements. How do I find out what the "legal rate of interest for judgements" is?

Also so far I have not find anything in our By-Laws that refer to removal of Board Members not in good standing. Am I just not seeing it?
JoeW1 (New York)
Posts: 728
Posted:
PeggyH - I'm no expert on interest rates but at the very least the non-payment amount should incur a compounded monthly increase that is the same as the amount of interest gained in one of the association's interest bearing accounts such as the reserve account. So if the monthly assessment is $100.00 and the reserve account gains 3% a month, the owner owes $103.00 for the first 30 calendar days, $106.09 for the second 30 calendar days,.... that the assessment is outstanding.

As for removal of Board Members in your By-Laws, it may or may not be in your By-Laws. Removal of a Board Member from their Director position would normally require a vote of owners by petition to the President for a Special Meeting Vote of Owners with the purpose clearly outlined.

Look for a section on Voting on Questions, Special Meetings, Owner Approval, Provisions that Benefit Eligible Mortgage Holders.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
JoeW1 is right on the money. I just wanted to add that our CC&R's does state in the foreclosure area, that we can charge 6% interest. Some documents allow for interest to be a certain amount above the prime rate at an assigned date. Much like credit card companies do. I've heard some states do allow up to 20%. There is a legal limit on what interest you can charge on any borrowed or owed money. It's a state law. It varies for each state.

As far as removing a board member behind in dues, that's really a personal judgement. The board member may do an excellent job, but fell behind in paying dues due to personal reasons. Does that mean they automatically should be removed? It does take a majority vote (51-90%) to remove a board member. The reasons for removing are many.

Here's the "rub". You don't even have to be in "good standing" to run for office. You just can NOT vote for yourself. Typically, you lose the ability to vote if your not in good standing in a HOA. So a person may be "popular" amongst all the members and still get elected even if they owe the HOA money. However, this isn't going to happen very often. Most people aren't going to vote for someone knowingly behind in their dues. So it's really a miniscule worry in the big picture. Who knows they may not be paying their dues in protest because they hate the board and want to knock them out of office!

Former HOA President
HaroldS1 (Arizona)
Posts: 314
Posted:
Whoa! 3% per month interest? I want a piece of that action. Harold

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here