HOA assessment pass-throughs

Started by DonP2 • 4 replies • 1334 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

DonP2 (Florida)
Posts: 14

Posted:

Our HOA has been incorporated since 1989. We do not own the park. Payment of $16.00 annual Association dues has always been voluntary, which has left our treasury account at a very low level. There are 599 members, of which about 320 have paid dues. Under Florida Statute 723, a HOA has the power to levy assessments. How can we accomplish this through the park management as a rent pass-through?

Any assistance will be gratefully appreciated. Send emails to: [email protected] Thanks!

DonP2

SusanW1 (Michigan)
Posts: 5,202

Posted:

What do your Articles of Incorporation say is your mission (purpose for existing)?

What kind of "park" are you talking about? A mobile homepark property or a recreation property park?

DonP2 (Florida)
Posts: 14

Posted:

Susan,

Sorry about that!

We are a Florida manufactured home "over 55" park of 599 units, run by a management corporation of which we are not a part. The park is owned by another individual who uses the management Co. as an agent.

One objective stated in our bylaws is "To exercise those privileges, powers and duties as set forth in Florida Statutes Chapter 723 as amended, and transact any other lawful business permitted by the Florida and/or Federal Statutes or Laws."

Does this help?

DonP2

MaryA1 (Arizona)
Posts: 7,043

Posted:

Don,

IMO, the only thing you can do with those who don't pay, if to bar them from using any amenities you might have. Other than than, I don't see how you can do anything. Afterall, that's what "voluntary assn" means! One reason why I've never liked the idea of a voluntary assn. Who's going to pay if they don't have to??? Considering the problems you've been having with an underfunded treasury, perhaps it's time to consider forming a mandatory HOA. However, I believe this might require a 100% vote of the lot owners, but it might be worth checking into.

Mary

DonP2 (Florida)
Posts: 14

Posted:

Mary,

In Florida there is no distinction between voluntaru and involuntary HOAs. The law covers both. It gives a properly incorporated HOA the power to levy assessments. However, in our case, the only way to do that is through the people who collect the rent, the park owner. Unfortunately, within the law, I can find no requirement for a park owner to make such levies in behalf of a "lame duck" HOA.

Thanks for trying.

DonP2

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here