How to address homeowners who are unwilling to recognize the HOA and will not pay the dues?

Started by SuzetteS • 5 replies • 2353 views

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SuzetteS (North Carolina)
Posts: 2

Posted:

We have had a POA (Property Owners Assoc. ) in place since 2000. We live in a military town. Therefore , in the past we have had officers who held voluntary positons move out of our small neighborhood. Recently, we have had 2 homeowners move into our neighborhood, one moved into the old Treasurer/Sec. home.
The issue is this: both homeowners are refusing to pay the annual $55 dues that are clearly owed by virtue of deed ownership which is on the books at the Register of Deeds office. We sent certified letters to these 2 individuals , they signed for them and have not paid. Both homeowners are in violation of the covenance Rules and Regulations and we feel this is the real reason for non-payment.
1- Being a junk/non-running full size RV in the front yard.
2-Running a commercial 3 bay garage in his backyard he built with a private residential permit, however his elaborate website advertisements state otherwise.

The 2nd individual has now hired an atty, in an attempt to break down the POA. He has found that our covenance states there are no subdivisions of a parcel/tract of land allowed in our neighborhood. The county cannot grant him permission to run such a business because our covenance overrides anything the county could grant him.
He built a 1500 sq. ft. 3 bay garage on an acre of land right behind his 2300 sq. ft. house. He has now decreased everyone's property values. What recourse do we have??

Has anyone out there ever been in this type of situation? Does anyone have any good advice? We are looking at a civil summons served on us on 9/19/2007. Court date 9/28/2007. Obviously with such a low annual dues assoc. fee, any atty we hire will drink up what funds that are left in the bank acct.

Signed,
Desparate and Disgusted In N.C.
Suzette Schrump / Secretary SHPOA

DonnaS (Tennessee)
Posts: 5,671

Posted:

SuzetteS,
You need to furnish us with more information. What State are you in? Is your community deed restricted? Meaning, do you have protective covenants that you must follow? That ii where what can be done on each individual property is stated. Do you have a statement in there about dues responsibilities? Lack of payment of these dues, is there consequences spelled out? Call an association specialist lawyer in your community for some free advice. Many are willing to give some free advice. But unless you have it on paper, you might be out of luck. The County originally approved the developement and cannot change the CC&R's from under you without proper due process so you don't have to worry about them changing building restrictions inside your association.

RogerB (Colorado)
Posts: 5,067

Posted:

Suzette, we see it all the time. That is why you have a Declaration of CC&Rs which will allow you to enforce restrictions, levy late charges and fines, and to correct violations and collect delinquent assessments.

I think what you really want to know is how to go about doing this. It has been discussed at infinitum on this board. Try the search button and start with rules and regulations on delinquent assessments and rules and regulations on enforcement of Covenants and Rules.

GloriaM (North Carolina)
Posts: 829

Posted:

Suzette:

In NC you have to follow the Planned Community Act. Send him a letter giving him X amount of days to come into complaince. If he does not then a hearing must be held in front of the board before fines can be imposed.

As for the dues, follow the NC collection law giving him 15 days to pay, send a final notice and send him to collections if he doesn't pay.

NancyD1 (Florida)
Posts: 447

Posted:

Quote:

Posted By SuzetteS on 09/20/2007 11:50 AM
We have had a POA (Property Owners Assoc. ) in place since 2000. We live in a military town. Therefore , in the past we have had officers who held voluntary positons move out of our small neighborhood. Recently, we have had 2 homeowners move into our neighborhood, one moved into the old Treasurer/Sec. home.
The issue is this: both homeowners are refusing to pay the annual $55 dues that are clearly owed by virtue of deed ownership which is on the books at the Register of Deeds office. We sent certified letters to these 2 individuals , they signed for them and have not paid. Both homeowners are in violation of the covenance Rules and Regulations and we feel this is the real reason for non-payment.
1- Being a junk/non-running full size RV in the front yard.
2-Running a commercial 3 bay garage in his backyard he built with a private residential permit, however his elaborate website advertisements state otherwise.

The 2nd individual has now hired an atty, in an attempt to break down the POA. He has found that our covenance states there are no subdivisions of a parcel/tract of land allowed in our neighborhood. The county cannot grant him permission to run such a business because our covenance overrides anything the county could grant him.
He built a 1500 sq. ft. 3 bay garage on an acre of land right behind his 2300 sq. ft. house. He has now decreased everyone's property values. What recourse do we have??

Has anyone out there ever been in this type of situation? Does anyone have any good advice? We are looking at a civil summons served on us on 9/19/2007. Court date 9/28/2007. Obviously with such a low annual dues assoc. fee, any atty we hire will drink up what funds that are left in the bank acct.

Signed,
Desparate and Disgusted In N.C.
Suzette Schrump / Secretary SHPOA

Suzette,

Your HOA has to hire an attorney to answer the Civil Summons. The summons should say that you have 30 day to file your answer to the complaint. Have you been notified that the may be an arbitration hearing? This is done when the case involves usually less than $15,000. If you negelect to answer the complaint the plaintiff will win by default.

Does the civil summons say what they are suing for? Is it a eminent domain action?

Hire an attorney immediately. He will process the summoms for you and you should not have to go to court to uphold it. He will.

BillH (Florida)
Posts: 2

Posted:

In our HOA the BY Laws state that when DUES are not paid the HOA can put a Lien on the property, this lien plus iterest must be paid, before the property can be sold.

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