late dues

Started by JennaferC • 6 replies • 1650 views

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JennaferC (Washington)
Posts: 5

Posted:

I am the new president of a HOA in WA. The former board (which I was on as sec.) had failed to keep up on assessment records because the treasurer had personal problems. I have learned that a family who bought a house almost one year ago claims to have not known that there was a HOA. Since they claim to not have known until I contacted them last month they have not paid their dues. I am sure that the title company they went through would have told them about the HOA. My question is can we require them to pay the whole year's worth of dues, or just from Oct. on?

RogerB (Colorado)
Posts: 5,067

Posted:

Jennafer, your HOA needs to improve their operations. You can not rely on the title company to do your job. Meanwhile the Declaration still applies and you could request they pay all assessments due; or the Board could vote to forgive some amount based on their failure meet their responsibility to this owner.

BrianB (California)
Posts: 2,820

Posted:

been there, done that...

they owe the dues. they owe the late fees. the board should cut them a break, and forgive the late fees, if they pay (or agree to a payment plan) immediately.

SidneyP (Florida)
Posts: 302

Posted:

Isn't it a law now that the developer or real estate agent muct inform the prospective buyer of a HOA and also sign a form that it has been read and understood. I know here in Flordia we had to sign this form when we purchased our last house. If this was not done can't the owners go back on the agent that sold them their house if this is a law in their state.?

BrianB (California)
Posts: 2,820

Posted:

the "buyer" could go back to the title company, realtor or seller (depending on state laws) and sue for failure to disclose, etc..

However, in 99.9% of the cases I have experienced, the buyer was given the information, they just overlooked it, forgot it, didn't think about it, etc..

So, the seller/realtor/title company did their diligence, it is not required that they force the buyer to think, just provide the info.

SidneyP (Florida)
Posts: 302

Posted:

I'm with you, I'm sure they received one but it's convient to say they didn't....they should have to pay the full assessment due. As someone previously said, they have been receiving the services. Did they think they were FREE.....Sounds like another story from a HO...we they were called on a delinquent assessment, "OH! I paid that, you must have made a mistake" but when ask for proof of payment, receipt/canceled check/mo stub/etc they could not come up w/one....I ask our MC to now photo copy all payments coming in. New MC so don't know if they will do this and our President hasn't ask them to. This is one way to get around the "I paid"

BradP (Kansas)
Posts: 2,640

Posted:

Jennafer:

They should owe the dues, the HOA should cut them a break and offer a payment plan without penalities. Bottom line, before you buy investigate, ask questions. If your HOA is properly recorded and documented it is someone's responsibility other than the HOA to inform prospective buyers.

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