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AudreyH2 (South Carolina)
Posts: 5
Posted:
Greetings,
If the association passed a special assessment,with the only options of pay in full or sign the promissory Note that contains different amounts,errors, and as a principal and not a surety.This begin in January and was through January this year.
The homeowner was not given a copy after several request and was unsure of the amounts as they were listed on the promissory Note.
The homeowner made 7 months of the special assessment payments,but was unclear to the amount,and the bottom line is the promissory Note was not signed by either party,it was acted on to some extent,and the association now states "under contract law,both parties must sign the note for it to be enforceable, therefore,there was no contract".
*Keep in mind this advice went to the homeowner*
I personally thought this may be considered "practicing law" since they were the opposing party,but I'm not sure if the association can collect since the note was not followed up with to make sure it was signed and properly filed,and the note having the clauses such as the protections that comes with securing the note.
What would you guys advise in this situation?
ElleN (Idaho)
Posts: 4,420
Posted:
Audrey, exactly what is it that the HOA wants here? Payment of the entire special assessment all at once?

What is it that the member wants? Only partial payment of the special assessment?

What was the exact language, pertaining to the Special Assessment, used when the special assessment was voted on?

The HOA Board presumably has the advice of an attorney and can disclose this advice as it pleases. Also the phrase starting with "under contract law" is arguably mere legal information, not advice.
SheliaH (Indiana)
Posts: 6,964
Posted:
Isn't there another conversation about this issue? That one concerned the vote for a special assessment and the consensus was a re-vote on the matter would be appropriate because it was unclear as to how much the special assessment would be. If that's the case, it seems to me that should have been resolved first.

Assuming it was, it probably would have been easier to set up a payment plan for everyone or let everyone pay at once. In any case, Ellen's' questions need to be answered first. By the way, are you o the board or the homeowner in question? If you're on the board, you probably realize this special assessment has several sloppy spots, and I'd be inclined to start over, with money already paid credited to the appropriate homeowner. Keep the math simple - it's easier to take the total amount of the assessment and divide it by the number of homeowners, and then you can offer a payment plan of X amount per month until paid in full.

I suspect this promissory note had different amounts because some people are behind in assessments -if you're on the board, you should already know the answer to that. If you're the homeowner, I personally don't get asking these questions 7 months ago - you need to know exactly how much the assessment is and how long you had to pay it. Special assessments are paid in addition to regular assessments, so that may explain why people are confused.

Since we aren't attorneys and what's true in your state about promissory notes may be different in ours, it's best you consult your own attorney. At the very least, you should compel the board to provide a written statement showing exactly how much this special assessment is and how much you've paid towards it. If they can't or refuse to do that, you may need to talk to your attorney about options.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 4,420
Posted:
The issue the OP raised is different from the other threads. I recommend continuing to respond to the issue above in this thread.

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