SHOULD RECORDS BE MADE AVAILABLE TO HOMEOWNERS WHO ARE DELINQUENT?

Started by CherylT • 2 replies • 1205 views

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CherylT (Arizona)
Posts: 11

Posted:

THERE IS A HOMEOWNER WHO HAS NOT PAID DUES IN OVER A YEAR AND OF COURSE THEY ARE
DEMANDING TO SEE THE RECORDS. THEY WERE RENTING THEIR PROPERTY AS THEY BOUGHT FOR IN-
VESTMENT,(WHICK I EVENTUALLY FIGURED OUT) BUT THEY NEVER GAVE THE HOA THE RENTERS NAMES OR INFO SO WHEN THE RENTERS
FINALLY MOVED OUT THEY PUT UP A FOR SALE SIGN AND I FOUND OUT THE OWNER WAS THE REALTOR
FOR THEIR OWN PROPERTY. I CALL HER AND OF COURSE SHE WAS ON THE DEFENSIVE, ASKING
WHAT DO THE HOA DO FOR THE COMMUNITY. MY RESPONSE WAS, YOU'RE IN REAL ESTATE AND YOU
NEED ASK? WHEN I TALKED TO HER TO ASK WHERE TO BILL HER, SHE RESPONDED WITH THE
ADDRESS OF A RENTAL MANAGEMENT COMPANY AND TOLD ME TO SEND HER NEXT BILL THERE, WHICH
MOST OF IT IS DELINQUENT. SO I ALSO WANTED TO KNOW IF THE MANAGEMENT REQUEST ANY
REVIEW OF RECORDS ARE THEY ABLE TO DO THIS OR IS THE HOMEOWNER THE ONLY ONE WHO CAN
REVIEW THEM? AND DO I HAVE TO LET HER SEE THEM BEFORE SHE IS UP TO DATE ON HER FEES?

Jadedone4 (Virginia)
Posts: 495

Posted:

CherylT,

Send notice of HOA's policy/resolution regarding fees/assessments
Sent copy of month to month accounting statements of fees/ assessments for unit in question
Include all late fees, attorney fees - itemize everything as your community's documents allow
Send to address of property UNLESS the owner provided alternate address (since this is an "issue" situation, I would send via USPS certified/receipt mail to BOTH addresses to cover all bases - little more $$ but you have good "attempt to notify" coverage.
If your documents and local/state laws/statutes allow for liens - file one on the property - this will prevent it from being sold.
Make no more calls to real estate agent, owner, management/rental company - correspond via written medium.

Records are allowed to be viewed, copied, etc - by the process as noted in your governing documents. Most (not all) will have language which state that the owner requesting MUST be current in their obligations to the community, etc. If you follow the above, it is NOT an affirmative defense for an owner to state that tehy have not paid because no one else has, yada, yada, yada. The responsibility resides with each owner to fulfill their INDIVIDUAL responsibility to the community. If their argument is this - show your deliquent accounts reports (percentages, overall amounts owed, etc - not lot owner "xyz" owes $999.00 and lot owner "abc" owes $0.45"). Your board has an obligation to provide reasonable information on collection of funds that fund the HOA - not to provide information to be used in an abusive manner.

... that's it, oh, while I (in my getting older age) appreciate the caps (easier to read), sometimes folks read that as a poster "yelling" - I've got a buncha beancounter (accountants) friends who use caps lcok in their account programs so I am used to it...

DonnaS (Tennessee)
Posts: 5,671

Posted:

CherylT.

What is your state? Do you have a property manager? If so, why did this get so far behind in dues and how come no one knew this was being rented? Do you not have rental policies? Everyone living under a H.O.A. should have their names listed and a rental would show up as a non-owner.
I think that someone is not paying attention in your office or the Board is not following up on the delinquencies. Way to far behind for this to go unnoticed. Do you have fining abilities in your docs?
Anyhow, the previous poster has it right as for getting some resolution. Our docs do not allow any member who is behind in dues and fees, access to any common area and a loss of voting abilities until they are paid up in full. As I said, realtor or not, get her money owed or lein her. She won't ike that. There has to be consequences for lack of following the rules of the association

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