NormanG (Arizona)
Posts: 38
Posts: 38
Posted:
What can an HOA do if dues are just not paid and some individuals are in arears up to 6 months. Where are the TEETH that can be used to enforce payment(s)?
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Non-payment of HOA dues
Started by NormanG • 4 replies • 1615 views
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RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Norman, the teeth are in your CC&Rs. For example, if you were 6 months in arears in manditory HOAs we manage in Colorado the following would apply:
1) Monthly statements with late charges ncluded would be mailed to you;
2) After 2 months you would be advised that a lien would be file on your property if payment was not recieved within 30 days;
3) After 3 months a lien would be filed;
4) After 5 months an attorney would be hired to go to court to garnish your wages and bank accounts, and all costs would be assessed to your property; and
5) If necessary and applicable your property would be foreclosed and sold.
Norman, for manditory associations the CC&Rs can have teeth and the owner's property can accumulate hugh expenses. IMO it is inexcusable to become delinquent 6 months because the extra expenses are too high.
1) Monthly statements with late charges ncluded would be mailed to you;
2) After 2 months you would be advised that a lien would be file on your property if payment was not recieved within 30 days;
3) After 3 months a lien would be filed;
4) After 5 months an attorney would be hired to go to court to garnish your wages and bank accounts, and all costs would be assessed to your property; and
5) If necessary and applicable your property would be foreclosed and sold.
Norman, for manditory associations the CC&Rs can have teeth and the owner's property can accumulate hugh expenses. IMO it is inexcusable to become delinquent 6 months because the extra expenses are too high.
NancyD1 (Florida)
Posts: 447
Posts: 447
Posted:
Norman what Roger is telling you is correct. If the dues are not collected it is the Treasurer and the BOD who have a fiduciary duty to everyone in the community to ensure and do everything in the power of your doc's and state laws to collect this money.
As the Treasurer of my HOA, I sent a collection letter to a homeowner after 45 days of being late on her dues. She acknowledged it with the check for the balance with late charge included. She also wrote a letter to the BOD that I was extorting money from her because she did not have the money for the fee that quarter. Go figure that one out.
As the Treasurer of my HOA, I sent a collection letter to a homeowner after 45 days of being late on her dues. She acknowledged it with the check for the balance with late charge included. She also wrote a letter to the BOD that I was extorting money from her because she did not have the money for the fee that quarter. Go figure that one out.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
In Florida, an owner is liable for a lein on his property for delinquent association dues. There has to be the proper letters and follow-up to give an owner a chance to pay up but some people just don't understand the concept of association dues.
NormanG (Arizona)
Posts: 38
Posts: 38
Posted:
Thanks for the great comments.... Yes.. the lien, as I surmised, would be the ultimate decision to make. Again.. thanks..
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