hoa dues

Started by CherylS3 • 6 replies • 1629 views

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CherylS3 (Georgia)
Posts: 2

Posted:

We live in the state of GA. We pay yearly dues of $150 to the treasurer who advises us that these monies only pay for our front sign lights & our street lights. There are 28 homes in our subdivision. We do not have a president or vice president nor is our "HOA" incorporated. We have covenants but they are not enforced. There are approx 12 homes in the subdivision that have not paid their 2007 dues and they are being threatened by that same treasurer that if they do not pay those dues, they will be contacted by a local attorney to proceed with further action. If our "HOA" is not incorporated, how can the treasurer threaten to seek legal action if dues are not paid? Could anyone out there in the state of georgia help me with this question? Does anyone know the law? Your help is appreciated.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By CherylS3 on 05/23/2008 7:06 PM
We live in the state of GA. We pay yearly dues of $150 to the treasurer who advises us that these monies only pay for our front sign lights & our street lights. There are 28 homes in our subdivision. We do not have a president or vice president nor is our "HOA" incorporated. We have covenants but they are not enforced. There are approx 12 homes in the subdivision that have not paid their 2007 dues and they are being threatened by that same treasurer that if they do not pay those dues, they will be contacted by a local attorney to proceed with further action. If our "HOA" is not incorporated, how can the treasurer threaten to seek legal action if dues are not paid? Could anyone out there in the state of georgia help me with this question? Does anyone know the law? Your help is appreciated.

Cheryl,

Have you researched State govenment to determine if GA has laws governing HOAs? You might want to start there and then familiarize yourself with all your gov. docs. -- Bylaws, CCRs (declaration) rules and regulations.

With only 12 homes, I'm sure it must be hard to get people to volunteer to run for board positions. Is the treasurer the only member of the board of directors? Perhaps this is why the covenants are not being enforced -- the treasurer can't do everything! Is there ever a board meeting or a meeting of the members? What about an annual election to elect board members?

I'm surprised the assn is not inc. as a nonprofit corp, but then I'm not familiar with the requirements in GA. However, the fact that you are not inc doesn't mean you cannot take legal action to collect the delinquent assessments (dues). The CCRs (declaration) should state what action can be taken.

CharlesW1 (Georgia)
Posts: 826

Posted:

CherylS3

I currently reside in Georgia. However, I’m NOT as familiar with the state laws concerning association living, as I should be or as others are. There are several questions I believe will help me and others to better help you, to resolve your particular problem.

First, things first, is your association condo, town homes or single familiar homes? Is your association Mandatory or Voluntary assessments? Are all lot owners assessed the same amount? When your assessments are due? i.e monthly, quarterly or annually?

Your governing documents WILL specify exactly when your assessments are due. “IF” $150.00 is the assessments assessed to every Lot owner. If all 28 members paid then essentially the income would be $4,200.00, although, “approximately 12 homes haven’t paid 2007 dues”, last year? What about 2008 or was that a typo?

I hope these questions will help me and others to better help you.
Please elaborate, for further assistance.

Chuck W.

Charles E. Wafer Jr.

CherylS3 (Georgia)
Posts: 2

Posted:

Chuck,

Thanks for responding. I hope these answers will further help.
We are all single family dwelling homes. We pay $150 yearly usually in Sept or October and all residents/homeowners are supposed to pay this amount. The treasurer has even sent out letters to remind us these dues are due & to also say that she is willing to accept partial pymts or monthly pymts for the ones that can not afford to pay the entire $150 at once. She has recently posted the names of the homes that have either paid in full or have made pymt arrangements. (I for one have paid in full). The treasurer is the only person left in the HOA. All other members have disbanned for unknown reasons. The treasurer states that our monies only pays for street lights to be on at nite and if there are any monies "left over", then she pays for someone to cut the grass & weed our entrance. She has stated that due to the 12 homes last year (2007) that have not paid or made arrangements to pay, our street lights will be turned off in June of this year as there is no money.

The covenants are filed with the county in which we reside, however they are not enforced as stated earlier. I was also under the impression that the HOA must enforce those covenants as well as enforce pymt of the homeowners. We signed stating we knew the subdivision was an HOA community, dues were mandatory & that HOA would enforce those covenants.

Sorry for the "wordiness", however, I hope this helps. Any help would be greatly appreciated. Thanks!!

SusanW1 (Michigan)
Posts: 5,202

Posted:

At the next Annual Meeting (find out when that is) get the homeowners together and get a Board, somehow. Elect or appoint.

Also get a complete financial statement from this Treasurer, revenues and expenses imtemized.

Something is fishy here.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Cheryl,

Please take Susan's advice to heart. Your statement that "all others have disbanded" is alarming to me. In a mandatory HOA a member can not resign; you are a member for life! You need to familiarize with your gov. docs. and find out what is going on. The treas cannot continue to run the assn single-handedly. Every property owner is a member and has to be made aware of that. Being a member means being liable for paying the assessments.

GlenL (Ohio)
Posts: 5,491

Posted:

Mary said they are a member for life actually you're only a member as long as you own property in the HOA. You can legally disband the HOA; the method on how to do it is in your documents however you would need to get the city/county to agree to take any lands owned in common and pay the utilities. You can find numerous posts about all the things involved to do something like that. Barring that then you and your neighbors need to step-up, it's not fair to the poor lone person acting as your treasurer. Plus eventually something will happen and the courts will appoint someone to "take care of things" for the HOA and most of the money will go to the person who is appointed as the receiver.

Get a Board together and go after the deadbeats. Charge them a late fee and interest and what ever else is allowed in your documents or by law. If they still do not pay file a lien on their property. There are lots of posts on these and other subjects here and you can find them using the search feature on the topics page. Or ask the questions here, there are lots of people here willing to help.

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