JoanneL (Virginia)
Posts: 22
Posts: 22
Posted:
I apologize for the length of this post, but . . .
I was an officer of our HOA and resigned 6 yrs ago. We elected a new president and treasurer. The former president is going into his 4th yr of owing dues, and another member is going into his 3 yr of not paying his dues.
Because our former president was never around to deal with any issues, last summer our association elected a new president. I advised the new pres and treasurer to file liens against the former president and the other member who were delinquent in their dues. The treasurer just kept sending invoices adding on late fees, but never forced the issue with either delinquent member. I also informed the new officers that the former president also used the association lawyer as his own lawyer for other matters. Because I didn't want the former pres to know about the lien, I told the officers we should retain a new law firm to file the liens, and send a letter to the association lawyer that his services were no longer needed. I also recommended that we suspend the two delinquent owners parking privileges until they paid their dues.
Unfortunately, the officers didn't retain another law firm. They called the lawyer and discussed filing liens against the former president and the other member. The lawyer had recuse himself because the former president is a client of his and it would be a conflict of interest.
He informed the former president of the association's plans to file a lien against his property. After not seeing the former president for the past 6 yrs (no association meetings were held while he was president, he does not live in his townhouse nor rent it out), he showed up at the treasurer's door with a check for half the money he owes in dues & late fees. He also presented the treasurer with an invoice for $1,400 worth of work he had done to the common area over the past 5 yrs (lawn mowing, snow plowing and cutting back tree branches) and mentioned that it would cost the association if they took him to court.
No contract exists nor was their any verbal authorization for the former president to mow the lawns, common area or trim trees. The association had a verbal agreement with him for snow plowing only - $75 flat rate (not per hour). The the former pres never presented us with an invoice each time he plowed or for any of the other work listed on his invoice that covers 5 yrs. The treas just kept track of when the former president plowed and wrote a check (which the former president never cashed).
I think the lawyer advised the former pres to pay half of his dues to offset the cost of legal & court fees incurred by the association to file the lien.
I advised the treasurer to look thru his records and bank statements where he wrote a check to the former president each time he plowed the lot to prove what we owed him. I advised him to talk to each member for their recollection of when they saw the former president plow the parking lot only. I am not concerned about his invoice with respect to lawn mowing and tree trimming. The association never authorized for that work to be done or payment.
My question - is the association under any obligation to pay him for work that was not authorized verbally or in a contract? We basically have no proof that he did everything he is claiming on this invoice. He never provided the association with an invoice at the time the work was performed.
Sorry for the length of this query.
I was an officer of our HOA and resigned 6 yrs ago. We elected a new president and treasurer. The former president is going into his 4th yr of owing dues, and another member is going into his 3 yr of not paying his dues.
Because our former president was never around to deal with any issues, last summer our association elected a new president. I advised the new pres and treasurer to file liens against the former president and the other member who were delinquent in their dues. The treasurer just kept sending invoices adding on late fees, but never forced the issue with either delinquent member. I also informed the new officers that the former president also used the association lawyer as his own lawyer for other matters. Because I didn't want the former pres to know about the lien, I told the officers we should retain a new law firm to file the liens, and send a letter to the association lawyer that his services were no longer needed. I also recommended that we suspend the two delinquent owners parking privileges until they paid their dues.
Unfortunately, the officers didn't retain another law firm. They called the lawyer and discussed filing liens against the former president and the other member. The lawyer had recuse himself because the former president is a client of his and it would be a conflict of interest.
He informed the former president of the association's plans to file a lien against his property. After not seeing the former president for the past 6 yrs (no association meetings were held while he was president, he does not live in his townhouse nor rent it out), he showed up at the treasurer's door with a check for half the money he owes in dues & late fees. He also presented the treasurer with an invoice for $1,400 worth of work he had done to the common area over the past 5 yrs (lawn mowing, snow plowing and cutting back tree branches) and mentioned that it would cost the association if they took him to court.
No contract exists nor was their any verbal authorization for the former president to mow the lawns, common area or trim trees. The association had a verbal agreement with him for snow plowing only - $75 flat rate (not per hour). The the former pres never presented us with an invoice each time he plowed or for any of the other work listed on his invoice that covers 5 yrs. The treas just kept track of when the former president plowed and wrote a check (which the former president never cashed).
I think the lawyer advised the former pres to pay half of his dues to offset the cost of legal & court fees incurred by the association to file the lien.
I advised the treasurer to look thru his records and bank statements where he wrote a check to the former president each time he plowed the lot to prove what we owed him. I advised him to talk to each member for their recollection of when they saw the former president plow the parking lot only. I am not concerned about his invoice with respect to lawn mowing and tree trimming. The association never authorized for that work to be done or payment.
My question - is the association under any obligation to pay him for work that was not authorized verbally or in a contract? We basically have no proof that he did everything he is claiming on this invoice. He never provided the association with an invoice at the time the work was performed.
Sorry for the length of this query.