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LaurenC1
(Maryland)
Posts:4
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| 04/15/2008 1:36 PM |
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I belong to a HOA in Maryland and while we have very few rules, much of what is done does not make sense. I am hoping someone can help me on how to approach the following issue at the next membership meeting:
The problem is that we have many members who don't pay their assessments. Therefore, we don't have adequate funding for road repairs, maintenance, etc. We have one resident who's land is not on HOA property, however, they have had access to their property via our roads. While they do have adjoining property where they could gain access, it is a very poor road with steep inclines and not really usable. Even though they are not members, they have always paid their assessments and abided by the HOA covenants and bylaws. Recently it has come to my attention that the BoD is going to disallow them access. We don't know the reasoning for this and whether its personal or legal.
I am not sure why they would turn away someones money that we so obviously need instead of putting their energy into going after those that don't pay and don't abide by the rules.
This is going to be my argument at the meeting. Am I missing something? Is there some possible legal reason that the BoD would do this? The homeowner is quite willing to change their deed to be part of the association and/or sign (and pay for) any legal documents that would protect the HOA.
Also, I would like for the homeowner to be able to come to the meeting to state his case. Are non-members generally allowed? If not, does it have to say in the By-laws that they're not?
Any suggestions on how best to approach this?
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MaryA1
(Arizona)
Posts:2505
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| 04/15/2008 2:56 PM |
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Lauren,
First of all I believe these are 2 separate issues and shouldn't be lumped together. Although the non-member's fees for use of the road may supplement your income, your real problem for a deficit is delinquent assessments.
I believe the first order of business is for the board to work out a plan for collection of delinquent assessments. Put it in the form of a resolution to be adopted by the board then mailed to each member of the assn.
Now the road issue. I would think egress and ingress through HOA property would be stated on this individual's deed and I don't believe the assn can legally terminate it. Before the board takes any action against this individual I would suggest consulting an attorney. |
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SusanW1
(Michigan)
Posts:2316
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| 04/15/2008 3:23 PM |
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WHY is the Board wanting to terminate this person's access to his/her property via your roads. Heavy equipment? frequent traffic? speeding? multiple family members?
There must be a good reason, otherwise, why look a gift horse in the mouth?
At what meeting is this vote to take this privilege away? If it is at the Annual Meeting, simply get the votes to defeat the motion or amend the motion to delay the vote until a thorough investigation is done.
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LaurenC1
(Maryland)
Posts:4
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| 04/16/2008 6:04 AM |
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Thanks for the responses. We don't know why the board is doing this, but they are responsible people who live near the entrance. No heavy equipment, speeding, or otherwise causing disruptions.
I think the biggest problem will be the people who have lived there a long time and feel that they shouldn't be allowed on the technicality that they're not part of the HOA. It's a rural area and not many of the members live there full time. Therefore, at the meetings, it's mostly the old timers that show up and votes are based on who's there. We've tried to get them to do ballots and involve the entire membership, but the "mailings are too expensive." Then they vote on ballot or show of hands and show of hands always wins out. |
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LaurenC1
(Maryland)
Posts:4
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| 04/16/2008 6:11 AM |
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| I should also add that a lot of members aren't bound by the covenants. Their deeds don't include the language necessary. The BoD is trying to get people to change their deeds, but as you can guess, it is not happening. They will be restricting use of common areas for people who don't update their deeds, but no one takes it seriously. We have dirt/gravel roads that constantly need repair, and these people are essentially using them for free. |
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MaryA1
(Arizona)
Posts:2505
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| 04/16/2008 6:48 AM |
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Lauren,
Is your assn volunteer or mandatory? If you are in Montgomery Co. you can get assistance from the Md. Co. Commission on Common Ownership Communities.
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LaurenC1
(Maryland)
Posts:4
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| 04/16/2008 7:24 AM |
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| Good question. I had assumed it was mandatory, however, I suppose we didn't have to subject our deed to the covenants. But we did: a) support the community and b) have access to community amenities. Although as far as roads, if it's not mandatory, it doesn't seem fair that those that don't pay can use them even though they have to right to access their property. This is Garrett County. Would the covenants have to state specifically whether or not it's mandatory? |
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MaryA1
(Arizona)
Posts:2505
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| 04/16/2008 9:17 PM |
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| Yes,they would state membership in the assn is mandatory and you would be responsible for payment of assessments. I would think if non-members are allowed access to the roads and other amenities, etc. that would also be spelled out in the CCRs. |
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