Delinquent dues and Architectural approval

LoriM15 (Florida)
Posts: 1,009

Posted:

I was wondering if any of you require that a homeowner be up to date on their account before hearing an ACC application. We do not have that in our documents, although we can disallow use of the common areas for homeowners who are delinquent. We have our one homeowner who owes us a significant amount of money and the threat of fines is the only thing that has brought him somewhat into compliance on upkeep/repair of his house and property. Every month he asks for another modification to his property and so far we have always allowed the application to be considered by the committee. However, the ACC members are not wanting to even consider his applications since they are aware he owes us a large amount (which, by the way, he promised the collections attorney he would pay several weeks ago but we have not received the settlement agreement or any funds yet). I'm just worried that if we don't consider his latest application he could sue and say that we denied him due process, so we couldn't actually fine him for non-compliance (he built a wall on the front of his house without permission). I understand the frustraton of the ACC but I think we need to protect our rights.

MichaelT21 (Arkansas)
Posts: 501

Posted:

I would continue to review ACC applications from a homeowner who is delinquent.

MaxB4
Posts: 3,513

Posted:

Two questions, 1) Is the delinquency because of assessments or fines, 2) how would the ACC know of the delinquency status of the homeowner?

MichaelT21 (Arkansas)
Posts: 501

Posted:

Quote:

Posted By MaxB4 on 07/01/2022 10:57 AM
Two questions, 1) Is the delinquency because of assessments or fines, 2) how would the ACC know of the delinquency status of the homeowner?

Can't speak for Florida, but in Washington, any homeowner is allowed to view the delinquency list of homeowners who are delinquent. Our homeowners don't know that, so they have never asked for it as long as I am on the Board. But they always have the right to it.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Our lawyer has advised us to not single out/show those delinquent. We do show a total of delinquency's but no names.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JohnC46 on 07/01/2022 11:38 AM
Our lawyer has advised us to not single out/show those delinquent. We do show a total of delinquency's but no names.

ADD ON
The BOD does see which owners are delinquent as part of or Monthly Financial Report but we do not distribute those pages to anyone else.

SheliaH (Indiana)
Posts: 6,964

Posted:

We don't have that requirement, but it is a good idea (if you can afford to replace a fence, why can't you use that money to pay your assessments?)

As for this homeowner, if he owes a lot of money and doesn't seem to be swayed by the threat of fines, you should already be taking legal action against him. Addressing that will force him to divert that money to either paying the association or burning up legal expenses (only to wind up paying up anyway). And I think you might be able to get away with delaying a review of his exterior change request - why not tell a judge "your Honor, clearly the man (or woman) has the money to pay his/her assessment because he/she keeps asking for exterior change requests to be approved. In fact, he has IGNORED previous collection notices, but went ahead and built whatever without getting written permission from the association."

Y'all need to stop wringing your hands and start acting like a responsible board - he wants to tell you to kick rocks, you pick up a few boulders and toss them at him - see how he likes that. Oh, and propose a board resolution stating that homeowners won't have their exterior change requests approved unless they're current with all fees. You don't have to tell the committee who's delinquent - they really should be reviewing the applications and then making a recommendation for approval or disapproval to the board, who would then vote. That would put the burden on the board and not the committee.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

SheliaH (Indiana)
Posts: 6,964

Posted:

Forgot to add the ONLY exceptions I'd make is if the change was necessary for health or safety reasons, such as needing to replace a window because it was damaged by hail or installing a wheelchair ramp for a disabled homeowner)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MaxB4
Posts: 3,513

Posted:

In some states, I believe Texas is one, the board doesn't make the decision on an architectural approval, the ACC does. The board only handles an appeal after denial.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Unless the CCRs allow for this, I would not do it, at least until discussing with the attorney.

As far as delinquencies, in Florida any owner could inspect the records and see who is behind per FS 718 and 720. In my last association, we made a point of not publicly disclosing properties that were behind in payments, but could not have kept owners from knowing if they wanted to.

Escaped former treasurer and director of a self managed association.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

We had that requirement. We did not approve ACC changes if you were NOT up to date with your dues. We also applied that rule to the clubhouse renting. The board members ultimately approve both. They should have access to the collection reports to know.

Former HOA President

MarkR21 (North Carolina)
Posts: 710

Posted:

Retribution and revenge is not a good thing act professional

TimB4 (Tennessee)
Posts: 21,059

Posted:

I agree with the renting issue.

I disagree with architectural approval.

LoriM15 (Florida)
Posts: 1,009

Posted:

The homeowner in question has not paid his HOA dues in 2.5 years. The total amount includes those dues, late fees, a little interest and about 1/3 of the total is fines for not maintaining his property. We have a lien on his home and had threated foreclosure, which is when he finally agreed to sign a payment plan although he said he felt "cheated". However, no agreement was signed and no payment made. He's done this before. The reason we are reluctant to foreclose on the home is that besides our lien there is a lis pendens on the property because it is part of a long and ugly estate case. While our lien takes precedence, the minute we file foreclosure paperwork his attorney is going to file and while they most likely can't win in the end, it could be in court for a long time.

The homeowners know about his case because he came to an open board meeting because we were discussing yet another fine for his property. Because he had ignored every certified letter and phone call for the last 2.5 years, we took the opportunity to ask him when he was going to pay at the board meeting. Florida does allow homeowners to see the records so it was not illegal to discuss his situation openly. However, we did get a letter from his attorney saying we humiliated him and that we needed to negotiate and only make him pay "what was fair". We are not negotiating. The homeowner has a history of lying and just lost another property in the estate lawsuit because they proved he forged a deed for it, so you can see what we are dealing with.

Anyway, it was just an idea to not hear his latest ACC application to try and force his hand. Part of the current application is that he built a wall on the front of his home to make a "courtyard" without ACC approval. I already know the ACC is going to make him remove it since it's not allowed in our rules, so then we will have to go through the whole fining process again if he doesn't take it down. Not to mention that he constructed it by putting 4 x 4's in the ground and attaching concrete wallboard that he skim coated with stucco. That's not normal construction practice in South Florida, but of course this is the same guy who wanted to mimic a glass garage door with magnetic mirror panels and put a wall of artifical plants in front of his house.

I suspect there's one like this in every neighborhood.

MarkR21 (North Carolina)
Posts: 710

Posted:

Quote:

Posted By LoriM15 on 07/01/2022 7:27 PM
The homeowner in question has not paid his HOA dues in 2.5 years. The total amount includes those dues, late fees, a little interest and about 1/3 of the total is fines for not maintaining his property. We have a lien on his home and had threated foreclosure, which is when he finally agreed to sign a payment plan although he said he felt "cheated". However, no agreement was signed and no payment made. He's done this before. The reason we are reluctant to foreclose on the home is that besides our lien there is a lis pendens on the property because it is part of a long and ugly estate case. While our lien takes precedence, the minute we file foreclosure paperwork his attorney is going to file and while they most likely can't win in the end, it could be in court for a long time.

The homeowners know about his case because he came to an open board meeting because we were discussing yet another fine for his property. Because he had ignored every certified letter and phone call for the last 2.5 years, we took the opportunity to ask him when he was going to pay at the board meeting. Florida does allow homeowners to see the records so it was not illegal to discuss his situation openly. However, we did get a letter from his attorney saying we humiliated him and that we needed to negotiate and only make him pay "what was fair". We are not negotiating. The homeowner has a history of lying and just lost another property in the estate lawsuit because they proved he forged a deed for it, so you can see what we are dealing with.

Anyway, it was just an idea to not hear his latest ACC application to try and force his hand. Part of the current application is that he built a wall on the front of his home to make a "courtyard" without ACC approval. I already know the ACC is going to make him remove it since it's not allowed in our rules, so then we will have to go through the whole fining process again if he doesn't take it down. Not to mention that he constructed it by putting 4 x 4's in the ground and attaching concrete wallboard that he skim coated with stucco. That's not normal construction practice in South Florida, but of course this is the same guy who wanted to mimic a glass garage door with magnetic mirror panels and put a wall of artifical plants in front of his house.

I suspect there's one like this in every neighborhood.

Doesn’t matter if he picks his buyers and eat them. You are trying to justify retribution and need to grow up. Every single HOA new story about corrupt HOA boards begins with your type of attitude

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By MarkR21 on 07/02/2022 4:33 AM

Posted By LoriM15 on 07/01/2022 7:27 PM
The homeowner in question has not paid his HOA dues in 2.5 years. The total amount includes those dues, late fees, a little interest and about 1/3 of the total is fines for not maintaining his property. We have a lien on his home and had threated foreclosure, which is when he finally agreed to sign a payment plan although he said he felt "cheated". However, no agreement was signed and no payment made. He's done this before. The reason we are reluctant to foreclose on the home is that besides our lien there is a lis pendens on the property because it is part of a long and ugly estate case. While our lien takes precedence, the minute we file foreclosure paperwork his attorney is going to file and while they most likely can't win in the end, it could be in court for a long time.

The homeowners know about his case because he came to an open board meeting because we were discussing yet another fine for his property. Because he had ignored every certified letter and phone call for the last 2.5 years, we took the opportunity to ask him when he was going to pay at the board meeting. Florida does allow homeowners to see the records so it was not illegal to discuss his situation openly. However, we did get a letter from his attorney saying we humiliated him and that we needed to negotiate and only make him pay "what was fair". We are not negotiating. The homeowner has a history of lying and just lost another property in the estate lawsuit because they proved he forged a deed for it, so you can see what we are dealing with.

Anyway, it was just an idea to not hear his latest ACC application to try and force his hand. Part of the current application is that he built a wall on the front of his home to make a "courtyard" without ACC approval. I already know the ACC is going to make him remove it since it's not allowed in our rules, so then we will have to go through the whole fining process again if he doesn't take it down. Not to mention that he constructed it by putting 4 x 4's in the ground and attaching concrete wallboard that he skim coated with stucco. That's not normal construction practice in South Florida, but of course this is the same guy who wanted to mimic a glass garage door with magnetic mirror panels and put a wall of artifical plants in front of his house.

I suspect there's one like this in every neighborhood.

Doesn’t matter if he picks his buyers and eat them. You are trying to justify retribution and need to grow up. Every single HOA new story about corrupt HOA boards begins with your type of attitude

Genuinely curious. How would you handle a homeowner that hasn't paid in 2 1/2 years? Given your strong opinions I would be interested on how exactly you would resolve this?

LoriM15 (Florida)
Posts: 1,009

Posted:

Getting someone to pay what they legally owe and contractually agreed to pay when they purchased their home is not retribution.

I don't really care what names you want to call me, but I am probably the most ethical and moral person on an HOA board that you will ever see. So don't tell me that my board or I are corrupt. You have no idea what you are talking about.

And retribution for what? Everything we have done to get this homeowner to pay has been done legally. The fines he received had nothing to do with the amount of dues he has not paid. The fines were for legitimate maintenance issues and he was given due process and chances to correct before they were implemented.

This forum (I thought) was meant to provide help and advice to those of us who actually VOLUNTEER on HOA or COA boards and for homeowners with legitimate concerns about the way their issues are being handled by their boards. I didn't think it was meant for trolls who obviously just love to cause disagreements and hide behind fake profiles but offer no constructive advice.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I agree. There is no "retribution" when your trying to collect dues that are owed. Example: You sell someone a car and they are to make payments. They start missing payments. It's 6 months of no payments so you go and file a lien or tow it back home. Is that retribution? No it's called collecting on a debt. Why is a HOA not allowed to do the same thing? Everyone is effected even by one person not contributing their fair share.

This is why we do NOT give ACC approval to those who owe dues to the HOA. Why should they "benefit" when we are not getting our "benefit"? It's kind of a general rule of thumb if your not paying the "basics" why are you allowed to get the "frills"?

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

Lori,

I would foreclose. At least they will know you are serious.
You need to stop the bleeding (which is the least you should expect from a foreclosure).

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JohnT38 on 07/02/2022 6:43 AM

Posted By MarkR21 on 07/02/2022 4:33 AM

Posted By LoriM15 on 07/01/2022 7:27 PM
The homeowner in question has not paid his HOA dues in 2.5 years. The total amount includes those dues, late fees, a little interest and about 1/3 of the total is fines for not maintaining his property. We have a lien on his home and had threated foreclosure, which is when he finally agreed to sign a payment plan although he said he felt "cheated". However, no agreement was signed and no payment made. He's done this before. The reason we are reluctant to foreclose on the home is that besides our lien there is a lis pendens on the property because it is part of a long and ugly estate case. While our lien takes precedence, the minute we file foreclosure paperwork his attorney is going to file and while they most likely can't win in the end, it could be in court for a long time.

The homeowners know about his case because he came to an open board meeting because we were discussing yet another fine for his property. Because he had ignored every certified letter and phone call for the last 2.5 years, we took the opportunity to ask him when he was going to pay at the board meeting. Florida does allow homeowners to see the records so it was not illegal to discuss his situation openly. However, we did get a letter from his attorney saying we humiliated him and that we needed to negotiate and only make him pay "what was fair". We are not negotiating. The homeowner has a history of lying and just lost another property in the estate lawsuit because they proved he forged a deed for it, so you can see what we are dealing with.

Anyway, it was just an idea to not hear his latest ACC application to try and force his hand. Part of the current application is that he built a wall on the front of his home to make a "courtyard" without ACC approval. I already know the ACC is going to make him remove it since it's not allowed in our rules, so then we will have to go through the whole fining process again if he doesn't take it down. Not to mention that he constructed it by putting 4 x 4's in the ground and attaching concrete wallboard that he skim coated with stucco. That's not normal construction practice in South Florida, but of course this is the same guy who wanted to mimic a glass garage door with magnetic mirror panels and put a wall of artifical plants in front of his house.

I suspect there's one like this in every neighborhood.

Doesn’t matter if he picks his buyers and eat them. You are trying to justify retribution and need to grow up. Every single HOA new story about corrupt HOA boards begins with your type of attitude

Genuinely curious. How would you handle a homeowner that hasn't paid in 2 1/2 years? Given your strong opinions I would be interested on how exactly you would resolve this?

Mark
Please answer the question.

MaxB4
Posts: 3,513

Posted:

Unfortunately, I have personally seen boards, MC's and attorney play loose and fast with the rules. How you deal with delinquent owners and the remedies a HOA may take must be rooted in the CCRs or state statues. Many boards make procedures up as they go.

I manage 61 properties and have only one owner in arrears over 6 months. One tool I use is going back to the lender and having them pay and adding the amount to the loan of the borrower. It is a document signed by all borrowers called either a PUD Rider or Condo Rider. It's recorded with the Deed of Trust or Security Instrument. This has worked for about 50% of delinquencies.

Boards should only apply remedies allows in their CCRs or state statues.

SheliaH (Indiana)
Posts: 6,964

Posted:

That's a great idea - we tried nearly everything to collect when I was on the board, but this may head off some of this foolishness. I don't know if this would be permitted in this state, but I will bring it to our board and see what happens. Even though it would likely apply to new owners, at least it would be a start.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By MaxB4 on 07/02/2022 10:13 AM
Unfortunately, I have personally seen boards, MC's and attorney play loose and fast with the rules. How you deal with delinquent owners and the remedies a HOA may take must be rooted in the CCRs or state statues. Many boards make procedures up as they go.

I manage 61 properties and have only one owner in arrears over 6 months. One tool I use is going back to the lender and having them pay and adding the amount to the loan of the borrower. It is a document signed by all borrowers called either a PUD Rider or Condo Rider. It's recorded with the Deed of Trust or Security Instrument. This has worked for about 50% of delinquencies.

Boards should only apply remedies allows in their CCRs or state statues.

Thanks. I have sent our PM an Email questioning if he knows of such.

MaxB4
Posts: 3,513

Posted:

There are a couple of steps in the process.

1) Have to have a copy of the Deed of Trust and PUD or Condo Rider signed and recorded by the borrower. Top of first page is a MIN # (Mortgage Identification Number)
2) Look the number up in MERS (Mortgage Electronic Registrations Systems).https://www.mersinc.org/homeowners/mers-servicerid. This will give you the current servicer of the loan. They would be in position to make a decision to pay HOA and bill or adjust mortgage, per the legal language of the Rider.

It is legal in all 50 states.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By MaxB4 on 07/02/2022 10:54 AM
There are a couple of steps in the process.

1) Have to have a copy of the Deed of Trust and PUD or Condo Rider signed and recorded by the borrower. Top of first page is a MIN # (Mortgage Identification Number)
2) Look the number up in MERS (Mortgage Electronic Registrations Systems).https://www.mersinc.org/homeowners/mers-servicerid. This will give you the current servicer of the loan. They would be in position to make a decision to pay HOA and bill or adjust mortgage, per the legal language of the Rider.

It is legal in all 50 states.

This is really good information.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Max,

I concur with John. Excellent info.
Thank you!!

MarkR21 (North Carolina)
Posts: 710

Posted:

Quote:

Posted By JohnC46 on 07/02/2022 10:12 AM

Posted By JohnT38 on 07/02/2022 6:43 AM

Posted By MarkR21 on 07/02/2022 4:33 AM

Posted By LoriM15 on 07/01/2022 7:27 PM
The homeowner in question has not paid his HOA dues in 2.5 years. The total amount includes those dues, late fees, a little interest and about 1/3 of the total is fines for not maintaining his property. We have a lien on his home and had threated foreclosure, which is when he finally agreed to sign a payment plan although he said he felt "cheated". However, no agreement was signed and no payment made. He's done this before. The reason we are reluctant to foreclose on the home is that besides our lien there is a lis pendens on the property because it is part of a long and ugly estate case. While our lien takes precedence, the minute we file foreclosure paperwork his attorney is going to file and while they most likely can't win in the end, it could be in court for a long time.

The homeowners know about his case because he came to an open board meeting because we were discussing yet another fine for his property. Because he had ignored every certified letter and phone call for the last 2.5 years, we took the opportunity to ask him when he was going to pay at the board meeting. Florida does allow homeowners to see the records so it was not illegal to discuss his situation openly. However, we did get a letter from his attorney saying we humiliated him and that we needed to negotiate and only make him pay "what was fair". We are not negotiating. The homeowner has a history of lying and just lost another property in the estate lawsuit because they proved he forged a deed for it, so you can see what we are dealing with.

Anyway, it was just an idea to not hear his latest ACC application to try and force his hand. Part of the current application is that he built a wall on the front of his home to make a "courtyard" without ACC approval. I already know the ACC is going to make him remove it since it's not allowed in our rules, so then we will have to go through the whole fining process again if he doesn't take it down. Not to mention that he constructed it by putting 4 x 4's in the ground and attaching concrete wallboard that he skim coated with stucco. That's not normal construction practice in South Florida, but of course this is the same guy who wanted to mimic a glass garage door with magnetic mirror panels and put a wall of artifical plants in front of his house.

I suspect there's one like this in every neighborhood.

Doesn’t matter if he picks his buyers and eat them. You are trying to justify retribution and need to grow up. Every single HOA new story about corrupt HOA boards begins with your type of attitude

Genuinely curious. How would you handle a homeowner that hasn't paid in 2 1/2 years? Given your strong opinions I would be interested on how exactly you would resolve this?

Mark
Please answer the question.

Grow up and become an admin

MarkR21 (North Carolina)
Posts: 710

Posted:

Quote:

Posted By JohnC46 on 07/02/2022 10:12 AM

Posted By JohnT38 on 07/02/2022 6:43 AM

Posted By MarkR21 on 07/02/2022 4:33 AM

Posted By LoriM15 on 07/01/2022 7:27 PM
The homeowner in question has not paid his HOA dues in 2.5 years. The total amount includes those dues, late fees, a little interest and about 1/3 of the total is fines for not maintaining his property. We have a lien on his home and had threated foreclosure, which is when he finally agreed to sign a payment plan although he said he felt "cheated". However, no agreement was signed and no payment made. He's done this before. The reason we are reluctant to foreclose on the home is that besides our lien there is a lis pendens on the property because it is part of a long and ugly estate case. While our lien takes precedence, the minute we file foreclosure paperwork his attorney is going to file and while they most likely can't win in the end, it could be in court for a long time.

The homeowners know about his case because he came to an open board meeting because we were discussing yet another fine for his property. Because he had ignored every certified letter and phone call for the last 2.5 years, we took the opportunity to ask him when he was going to pay at the board meeting. Florida does allow homeowners to see the records so it was not illegal to discuss his situation openly. However, we did get a letter from his attorney saying we humiliated him and that we needed to negotiate and only make him pay "what was fair". We are not negotiating. The homeowner has a history of lying and just lost another property in the estate lawsuit because they proved he forged a deed for it, so you can see what we are dealing with.

Anyway, it was just an idea to not hear his latest ACC application to try and force his hand. Part of the current application is that he built a wall on the front of his home to make a "courtyard" without ACC approval. I already know the ACC is going to make him remove it since it's not allowed in our rules, so then we will have to go through the whole fining process again if he doesn't take it down. Not to mention that he constructed it by putting 4 x 4's in the ground and attaching concrete wallboard that he skim coated with stucco. That's not normal construction practice in South Florida, but of course this is the same guy who wanted to mimic a glass garage door with magnetic mirror panels and put a wall of artifical plants in front of his house.

I suspect there's one like this in every neighborhood.

Doesn’t matter if he picks his buyers and eat them. You are trying to justify retribution and need to grow up. Every single HOA new story about corrupt HOA boards begins with your type of attitude

Genuinely curious. How would you handle a homeowner that hasn't paid in 2 1/2 years? Given your strong opinions I would be interested on how exactly you would resolve this?

Mark
Please answer the question.

Grow up and become an admin

KellyM3 (North Carolina)
Posts: 2,239

Posted:

I recommend having the board attorney handle ALL collections matters and communications with the owner in regard to an account delinquency.

I recommend assessing this account's ARC request as you would any other dues payer.

DavidG45 (Delaware)
Posts: 994

Posted:

Quote:

Posted By MarkR21 on 07/02/2022 4:33 AM

Posted By LoriM15 on 07/01/2022 7:27 PM
The homeowner in question has not paid his HOA dues in 2.5 years. The total amount includes those dues, late fees, a little interest and about 1/3 of the total is fines for not maintaining his property. We have a lien on his home and had threated foreclosure, which is when he finally agreed to sign a payment plan although he said he felt "cheated". However, no agreement was signed and no payment made. He's done this before. The reason we are reluctant to foreclose on the home is that besides our lien there is a lis pendens on the property because it is part of a long and ugly estate case. While our lien takes precedence, the minute we file foreclosure paperwork his attorney is going to file and while they most likely can't win in the end, it could be in court for a long time.

The homeowners know about his case because he came to an open board meeting because we were discussing yet another fine for his property. Because he had ignored every certified letter and phone call for the last 2.5 years, we took the opportunity to ask him when he was going to pay at the board meeting. Florida does allow homeowners to see the records so it was not illegal to discuss his situation openly. However, we did get a letter from his attorney saying we humiliated him and that we needed to negotiate and only make him pay "what was fair". We are not negotiating. The homeowner has a history of lying and just lost another property in the estate lawsuit because they proved he forged a deed for it, so you can see what we are dealing with.

Anyway, it was just an idea to not hear his latest ACC application to try and force his hand. Part of the current application is that he built a wall on the front of his home to make a "courtyard" without ACC approval. I already know the ACC is going to make him remove it since it's not allowed in our rules, so then we will have to go through the whole fining process again if he doesn't take it down. Not to mention that he constructed it by putting 4 x 4's in the ground and attaching concrete wallboard that he skim coated with stucco. That's not normal construction practice in South Florida, but of course this is the same guy who wanted to mimic a glass garage door with magnetic mirror panels and put a wall of artifical plants in front of his house.

I suspect there's one like this in every neighborhood.

Doesn’t matter if he picks his buyers and eat them. You are trying to justify retribution and need to grow up. Every single HOA new story about corrupt HOA boards begins with your type of attitude

Looks like we found the guy who is 2 years behind on assessments…