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PaulM (Pennsylvania)
Posts: 1,347
Posted:
To all the Forum thinkers and those with excellent advice...here is a question.
With all the discussion of non-payment of fees, and those who are in arrears due to non-payment...what is the recourse of action of a Manager or Board to unit owners who refuse to pay their monthly dues? Do they continue to receive the same services as all the others even though they have not paid?

Isn't it true the documents state that when one is in arrears on payments they 'lose their membership' rights--voting, outdoor maintenance privileges? So, if they continue to enjoy the lawn mowing and snow plowing, etc., when they haven't paid for it... what is the incentive for them to pay up?

Certainly, an entire community's overall 'look' would suffer if those delinquent in their dues are singled out by not having their lawn mowed/snow shoveled, but wouldn't this speak loudly to them to make right on their obligations? Would this action of non-service to a unit owner be 'legal'?
PaulM

JulieS (Georgia)
Posts: 412
Posted:
Paul,

Are there any utilities included in the monthly fee (i.e., water, cable, trash)? If so, you may be able to cut off the service to that unit. Check your state laws but in GA, this is one method our HOA law firm uses to collect in this type of situation. Additionally, are you able to foreclose...this will vary depending on your doucments and state laws.
RogerB (Colorado)
Posts: 5,067
Posted:
Paul, look for your Declaration to define what may be deneighed to members not in good standing. General comments may be further defined by Rules and Regulations passed and provided to all owners. Off hand it seem logical to include such things as not providing such things as lawn mowing and snow removal? However, , I think it is better to make their late charges and other costs high enough to encourage payment.
BrianB (California)
Posts: 2,820
Posted:
Yup, check your Bylaws/CC&R's to see what can be denied.

ours, for example, deny the ability to vote in elections, and the ability to "enjoy or use" the common areas. If yours are similar, you can ask them to leave the pool, club house, rec center, park, etc., if you have one. (if you are like us, we have water retention basins...so if you don't pay your dues, you can't enjoy the empty lot anymore).

If services are included in your HOA (snow shoveling, etc.), then you can certainly stop them (if your rules allow), and i would. This could also apply to painting, grafitti removal, etc..

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