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LynneV1 (South Carolina)
Posts: 211
Posted:
I'd like to pick your brains on a topic. We got an e-mail a few days ago stating that as of April first, our HOA dues have increased $5.00 /mo. and instead of paying quarterly as we have for 17 yrs....we must start paying monthly. The reason was due to a $2.00 /mo increase in garbage collection and the fact that we have a $10,000 arrears balance.
This was done without a meeting which would be the first week of April. We had a raise in our HOA dues a year ago just so that we could increase our savings account. It wasn't designated for anything. It was simply, "We're going to put an extra $15,000 a year into our Reserve fund", which they did last year. Why can't they use that money for the two dollar a month? Garbage collection is only. 230 homes. We're talking $460. They couldn't squeeze that out of the existing budget, especially when. the budget was padded for a landscaping and possible pond issues.
My question is --Is that allowed?

MichaelS56 (Minnesota)
Posts: 858
Posted:
The insurance for the Condos and or townhomes is going up very quickly, along with contractor costs, so the assessment needs to stay up with costs.
SheliaH (Indiana)
Posts: 6,964
Posted:
Read your documents - there should be language that addresses how assessment increases are to be handled. Then again, some documents lack even fundamental information like that because the developer cut and pasted the things without taking a closer look at what was in them.

You'll also want to recheck the board meeting minutes - I would think there had been discussions on the $10K balance and increased costs in garbage and other expenses. As Michael noted, master insurance policies are going up everywhere, and the increases have to be covered by something. Assessments are the only income the association has, so if some things are really expensive, but necessary, the board has to make tough decisions on spending. Just like you have to do when the light bill, car insurance or something else goes up in your home budget.

You also say assessments went up a year ago because the board decided to put an extra $15K into reserves. It may see simple to you that this could have covered the garbage collection increase, but reserves are there to pay for future replacements to the common areas like roofing or street repaving (if your association owns the streets). Many HOAs have problems with underfunded reserves because people hate assessment increases - and then no one can figure out why they're hit with a special assessment or the association has to get a loan, which increases assessments because you now have to fund reserves, pay routine monthly expense and loan payments (remember, those come with interest).

This sounds like your assessments haven't kept up with inflation and increasing costs. I don't know what previous boards did, but this one may have found they have no choice. The garbage fees have to be paid because you need that service - what do you suggest be done if the new fee isn't paid and the garbage collection ends?

And that $10K balance is also a factor - I assume you're talking about delinquencies. When some homeowners can't or refuse to pay, those of you who do indirectly subsidize them because the services still have to be provided. We've had several recent conversations on delinquency issues like homeowners who file bankruptcy over and over to avoid foreclosure by the association (the nuclear option after lawsuits and liens haven't worked). If that didn't exist, perhaps the money would have been there to cover increased costs and we wouldn't be having this conversation.

Then there's the pond issues - you don't say what those are, but not addressing it can lead to other problems that would take more time and money to fix, and it may be the association has put that off for too long and now you have to addrss it. That costs money too.

Your board should have kept homeowners informed about all of this whether they attended board meetings and those discussions should be held in an open board meeting where you can listen to the proceedings and see why the votes went the way they did. You might not agree with it, but at least you'd see the thinking behind it and you could request copies of the bills and the association's income/expense reports to see for yourself what's going on.

Attend the next board meeting and ask your questions. If they start mumbling, look away or get downright hostile, that's a problem and perhaps the homeowners should request a special meeting to consider if this board is as transparent as it should be and if not, replacing them might be appropriate. However, that would also mean you need people ready to step up to take over, and you may need to be one of them. Even with a new board, you'll still have the money issues to address and unless you can come up with better ideas, you may have to make the same decisions they did.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CathyA3 (Ohio)
Posts: 6,299
Posted:
* POAs have to pay their bills. There has been significant inflation for a number of years, particularly in materials used by the building industry (and community associaitons for repairs). Five dollars a month is nothing. As Michael noted, insurance premiums have been skyrocketing lately particularly in areas that see dramatic weather. We've heard horror stories of premiums doubling or tripling over the previous year. Five dollars a month is NOTHING - if my community came back with a $5 increase, I'd say that they were missing something major.

* Paying monthly is very common in communities that provide utilities and other services such as lawn care. It's often easier for homeowners to spread out cost increases in smaller pieces, which is what monthly payments are. The board can do this also long as there is nothing in your CC&Rs or bylaws that says otherwise.

* Putting more into the reserves is a good sign. (Although that $10,000 in arrears bothers me - what is that for? Community associations usually pay as they go unless they've signed some sort of contract allowing for period payments. IF they're not paying routine bills, then you're paying interest - which is a good way to overpay for whatever the item is.) Anyway, as far as reserves go, community associations may not use money earmarked for reserve spending for operational expenses, so no - it can't be used to offset the current assessment increase.

As for reserve spending in general, it's smart business practice to have periodic reserve studies done to evaluate the remaining useful life of major components and estimate replacement times lines and costs. It may even be required by state law. Because of inflation, a large number of communities are currently underfunded - which means a special assessment is coming their way unless they get themselves on track. Special assessments are a bad way to pay for expenses, since homeowners have to fork over large amounts of money, often with short notice and a short time frame. (My state's laws require reserve funding so that special assessments are not needed.)

So no, I'm not seeing anything that the board is doing wrong, except maybe some hints that assessments may not be high enough. Too many associations run such tight ships that they run into the same problems as folks who live paycheck to paycheck: a single unexpected expense is a financial catastrophe, rather than the nuisance it is for those routinely spend less than they take in and can save a few bucks each month. Unfortunately, a POA's only source of funds is assessments plus whatever interest it's earning. Moving money around and changing what buckets the money goes into doesn't automatically create more money. It all has to come from the homeowners.

LynneV1 (South Carolina)
Posts: 211
Posted:
Thank you for your responses. I appreciate that they were thorough and covered everything I was concerned about. I didn't feel $5 a month was a big deal. My concern was that people had fifteen days notice. We have quarterly board meetings and the last one was moved up a month with only 20 hrs. notice, so only 5 people showed up.
I had told the board November, 2022 that we were broke after looking at their bank statements. They barely had enough to cover month to month expenses, but they only raised the HOA fees $5 a month last year to increase our reserves that dropped from $48,000 to less than $2,000.in 2022 and now $5 a month this year. I think we're heading for future problems.
We only have 6 ponds. We have no other assets. So, they just clean the ponds and mow the common lawn areas. We have electric for the fountains and insurance.
Our HOA fees were $50 a month in 2022; $55/.mo in 2023 paid quarterly; and now it'll be $60 a month going forward.
Thank you.

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