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CarolH2 (Georgia)
Posts: 33
Posted:
Ok this is a two part question.

I am a former board member. I held office in 2007 & 2008. I was vice president in 2007 and president in 2008.

In 2008 we hired a new management company. About 8 months in the year we discovered that our pool maintenance company had not been paid for the first 8 months. We discovered that the invoices where being sent to the wrong address. When we fixed the problem I contacted the pool company and asked if we could set up a payment plan. They agreed and we worked out the terms. 5 equal payments Nov., Dec., Jan., Feb., March. The pool company just recently called me and said the new board had ordered a stop payment on the bill balance of the 2008 account. They also advised the management company to stop paying out 2008 balance with a Lawyer. Is that normal practice?

Also my concern is now that the board will be sued. Is there any legal way to stop paying the HOA dues until this new board makes good on old bills?!?!?

Can someone please give me their thoughts on this?
PeterB1 (Florida)
Posts: 257
Posted:
Have you talked to the 'new' board? Are they aware of the arrangements made in 2008? Are they talking to the pool company?

Avoid lawsuits by communicating.
CarolH2 (Georgia)
Posts: 33
Posted:
Current Board members are well aware of payment arrangements made in 2008.
SusanW1 (Michigan)
Posts: 5,202
Posted:
I hope there was a MOTION passed by the board to implement this special payment arrangement. If so, find it in the minutes.

The current board must deal with this. As a former board member you have no power or really, any business, answering questions from the pool guy. (Don't put yourself in the middle of this)

You CAN ask why the previous board's directive is now being upsurped by today's board. A call to the Treasurer should tell you the reason.

(I wonder why a lawyer is involved, now?)
MaryA1 (Arizona)
Posts: 7,043
Posted:
Carol,

If the new board was aware of the payment plan worked out between the former board and the pool company and they have now stopped making payments, there must be a reason for it. Have you spoken with the new Pres to find out the reason why?

As far as withholding your assessments until this matter is cleared up, I would strongly advise against doing that. The worst thing an HOA member can do is become delinquent in payment of assessments. I'm sure you are aware of the steps that be taken to collect delinquent assessments; the most drastic being foreclosure of your property. Your obligation to pay your assessments has nothing to do with the job performance of the BOD. If you want to protest this matter do it in a letter to the BOD but please do NOT do it by withholding your assessments.

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