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VictorA (California)
Posts: 3
Posted:
Hi,All
I'm a HOA board member of very small HOA (12 Units) and as you can imagine money is vital for the HOA. For the most part, every body pays on time, but there is two of the 12 that have not been paying for several moths. I have sent them letters, reminders and nothing works. What can I do to be able to collect the past dues? I have thought about take legal action. Two problems: Don't know how and no money. Thank you!
RogerB (Colorado)
Posts: 5,067
Posted:
Victor, you may want to read some of the numerous discussions about this that have previously been posted on this board.
HaroldS (Arizona)
Posts: 906
Posted:
Victor - you say 12 units. Is this a condo where you are required to do all outside maintenance? I would guess everyone should know each other fairly well in that small a condo. Are they having financial problems that you could work with them? If not, these two freeloaders need to be reminded they have to pull their fair share. Perhaps at your next meeting you could announce that it may become necessary to increase the annual assessment because 1/6th of the members are not paying - you don't need to mention names. Otherwise you should follow your documents and state guidelines for notifying them that they are delinquent. Then if your documents provide for fines, you should levy fines if still unpaid. You don't need an attorney to do that. But you should become aware of your state regulations before attempting to place a lien. Some states are making it harder to file liens or foreclose but for instance Arizona has an automatic lien for assessments until paid - but they require unpaid assessments to be above a certain amount before foreclosure can start. But they require a judicial judgment for unpaid fines before a lien can be placed for fines. Harold

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