Association Nightmare

Hello All,

New to this forum : ) and to tell you the truth, I think HOA's are a racket. This is besides my point. I Signed papers and got a booklet of CC&R's when I moved in. However I fill like I am not getting what I bought into. The developer was forced to have an association to build and nobody does anything to enforce the rules and regulations. In fact when I was on the Board I was told that everthing we tried to enforce could not be enforeced. The rules where just Guidelines for the Community.

I since have falling alittle behind on due's , about $300.00 ( several months ) and now the want to but a Lien on my house. Isn't there a Minimum you need to be behind? I am trying to catch back up, but the late fee's every month and so on are snow balling.

There are lots more other concerns the Management Company should be looking into to get our nieghborhood back in order, Not just a quick buck or two. I feel I have been doing my part. But nobody on the Board is living up to keeping the community in shape as the are required to under the ByLaws of the CC&R's. What can be done ?

PS. If they put a lien on your house, they will typically hire a lawyer to do this. The cost of the lawyer is typically around $1200 which they can and will charge you for. So now you will owe your $300 bill and $1200 for the lawyer. And there is nothing you can do about it.

Unfortunately, you signed up to live in an HOA and this is the power they have.

What can be done about the Board Members not doing there duties? They have a Legal obligation as well as I do. Nobody on the Board seems to care. This is NOT what I signed up for! I wanted to live in a community that is structured, clean and organized. I just should of bought a house in Watt's. There are no services offered under our HOA.

One of our Board Members pulls over his grass on a nightly basis just to park his car. We should have all of our cars in the garages, but he has 4 outside in the driveway and street. This is just nuts and any and everybody need not to follow our CC&R's.

NACA - Neighborhood Assistance Corporation of America ("NACA") is a non-profit, community advocacy and homeownership organization. I would imagine that people who are having issues paying their mortgages are also in hot water with their HOAs - you might give them a call see if they have any advice to give (www.naca.org).

William,

If you have a board that is not living up to their duties and responsibilities then they should be voted out of office or recalled. Get all your like-minded friends and neighbors together and take action. A board serves at the pleasure of the members!

If you are having financial difficulties and cannot meet your assessments obligations you should meet with the BOD to discuss this issue. Ask for a payment plan so you can catch up. Many board will waive the late fees once they know what the problem is. But when a member doesn't take the time to meet with the board to discuss their problem but instead just doesn't pay the monthly assessment, the board has no other option but to levy late fees. If the account continues to be delinquent month after month then the next step is to lien; after that comes foreclosure. As a former board member you should know this!

The CCRs should outline the duties and resp of the board. Check them out to see whether the BOD has a duty to enforce. My CCRs say the BOD has the exclusive right but not the obligation to enforce the covenants. Then it goes on to say that at least 10 member may petition the board to enforce a particular restriction and if they fail to do so w/i 30 days then those members may enforce on behalf of the assn.

BTW, any BOD that thinks the CCRs are only guidelines is sadly mistaken -- they are enforceable requirements that the members and the board must abide by. They are the same as state and federal laws, which I doubt any citizen would view as just "guidelines"! When you're driving down the Interstate and see the posted 65 MPH speed limit, do you just view it as a guideline?

By the Way,

Everybody has been very Helpful and Full of Great Information!

Thanks, for such a wonderful group of people.