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AlisonW (Missouri)
Posts: 1
Posted:

Hello,
We live in a little street in St Louis. We do not have an “ official” HOA, only a volunteer Treasurer and self-appointed President who moved in 1.5 yrs ago. They have been manipulating and harassing some of us to fork over $1800-$2000 to pave our street and put a lip only on one side because many of them have new homes poorly built on a slope and get excess water in their backyards. These are 800k+ homes. No official bids have been shared, only a few neighbors consulted, never a meeting held or official finances from our fund shared in 12yrs but they plan to use the dues balance to help pay. Meanwhile our annual dues are $50 which is what we signed up for ( yes, I know it’s extremely low but that’s irrelevant). We are having a first time meeting and I asked only for a beginning balance and how much we spend on snow plowing and how much will be on reserve for emergencies. If they plan on hiring a Storm Water Engineer ( which the town of Ladue insists when changing the blue print of a street to re-direct water) Last night I received a threatening Email stating since I haven’t responded or contributed but asking for financial information, they will publicly share this information including the names of those with unpaid dues, how much they owe, who has contributed/not paid for this paving project?!! So, basically causing a war on our street and humiliating those of us who cannot afford to pay. Do I have a keg to stand on? Can they legally share this personal info with everyone?? What can my response be to stop them? I’ve read through discussions regarding this topic but they’re for official HOA’s. PLEASE HELP!! Thank you!!
AugustinD
Posts: 3,698
Posted:
-- First, assuming this is truly not a HOA corporation, I would send these folks a short letter saying the following:

Dear ____,

Please quote me the covenant that states I must pay to maintain the street. Meanwhile, and per your recent email (copy enclosed), if you share any information about my not contributing to fix an issue, for which I believe I am not legally obliged, then I will consult an attorney concerning your invasion of privacy and defamation.

Sincerely,

-- Second, I think you should attempt to find out who is responsible for maintaining this street. Go to the county clerk and ask about the plats. Consult the city land use department. Either is used to getting questions like yours and helping out.

-- Third, the suburb you named and the $800K and up homes are pretty well-known by savvy midwesterners. Now I am going to be a little obnoxious, because a lot of impoverished folks post here and I am a bit of a snob (or a jerk; you choose): Surely someone there on this street in L----, who feels as you do, can afford an attorney. I am surprised there are not a few attorneys on your street.
AugustinD
Posts: 3,698
Posted:
AlisonW, on further thought, you really need to confirm that you are not legally obligated to contribute to the little street's maintenance. I have a nodding acquaintance with your neck of the woods, with its charming (and expensive) well-maintained homes and lawns built like 60 to 100 years ago (with matching "restrictive covenants" that today, do not survive the Fair Housing Act? snob snob, I know). I would research carefully whether you may in fact be legally obliged to help maintain the road. I am confident the question has come up a lot in the town where you are, given its age. I have doubts the City of L---- is obliged to maintain the street.
NpS (Pennsylvania)
Posts: 4,216
Posted:
If you intend to stand your ground but are concerned about public shaming, one option would be to put the $1800-$2000 in an escrow account, and notify them that the money is set aside pending clarification of certain issues.

On the other hand, we recently repaved our streets for around $4k per unit. Without knowing more, $2k doesn't look too bad.

Sikubali jukumu. Read all posts at your own risk.
MaxB4
Posts: 3,513
Posted:
Imposing a special assessment on a specific project is not a fun thing to do. The outlay of cash is going to be dependent on the number of units in the complex. The larger the number, the easier of the pain, the smaller complex will bear more pain.

I have no problem shaming those who don't contribute. I know there are hardships out there, but your can't take away a non-payer's egress and right of way due to non-payment.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By MaxB4 on 04/15/2021 6:45 PM

... snip ...
I have no problem shaming those who don't contribute. I know there are hardships out there, but your can't take away a non-payer's egress and right of way due to non-payment.

Just a PSA for board members: you can run afoul of debt collection laws if you're not careful about publicizing such information. As with so much of this stuff, the details matter, so look before you leap.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I am an advocate of Public Shaming. That said, I also understand there are/can be legal dangers in doing so thus my advice is do not do it.

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