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DavidW13
(North Carolina)

Posts:1

03/22/2007 7:12 AM
Hi.. I moved into a new condo in Jan of this year. The condo has a HOA, of course. Up until this point, I haven't been contacted by the HOA, or the property management company that handles everything for the HOA. Today I got a bill for HOA fees dating back until Jan, including late fees. Again, it's the first time I've ever had any contact with them, including receiving any bills from them. Two questions, am I a HOA member by default? Just by moving into the condo? Or do I need to sign something? I'm obviously going to fight the late fees, as there hasn't been any forthcoming invoices from them until this point. But can I fight the dues up until this point? Or was I in by default the moment I purchased the condo? Thanks David

BradP
(Kansas)

Posts:2491

03/22/2007 9:06 AM
David: You are a member by default. Signing on the dotted line to purchase the condo was all you needed to sign. I would ask for a waiver of the late fees since they have not contacted you to this point, I think that would be a fair thing to do by your board. However, all dues accrued since the purchase of your condo should be paid. Approach your board in a civil manner and ask that since this is the first time you have been notified off dues that you think it is fair to waive the late fees. It also might help to present a check at the time for the dues owed.

MelissaP1
(Alabama)

Posts:2207

03/22/2007 5:26 PM
What your experiencing isn't that uncommon to HOA "newbies". Many think that their escrow account covers their dues. (It doesn't). Some believe, they get some kind of notice to pay their dues. (Most don't). Alot of people treat their HOA as as some kind of separate "entity". (Your a member). I am sure you were informed that you had dues to pay the HOA. It was described either a monthly, quarterly, or yearly payment. Each HOA is different. Sounds like yours is a monthly dues setup. These dues can even be "prorated" from the time your ownership took place. Each HOA is different on their notifications of dues, rates, due dates, late fees, and if they prorate. If I was you, I would offer to pay the backdues and explain the misunderstanding. They may not make you pay the late fees or interest. Also request information on what the rules are and where to get an updated copy. The CC&R's are most likely at your local COUNTY courthouse in the records department. Find out about meetings as well and attend. HOA stands for Homeowner's Association. That means that the homeowner's have gotten together to share resources (money) together in a common goal. (property management). It's the homeowner's who create the rules (except maybe in a condo) and enforce the rules. The HOA is you and your neighbors.

Former HOA President

DorothyH
(Florida)

Posts:23

03/22/2007 7:54 PM
I just purchased a home in N. C. and at my closing the HOA fees were prorated in the closing costs. This is usually how a new owner is aware of his or her being in a HOA or Condo Association. Yoy should have been given this information by your closing attorney, title company or realtor. Dorothy

CharlesW1
(Georgia)

Posts:826

03/22/2007 8:51 PM
Posted By BradP on 03/22/2007 9:06 AM David: You are a member by default. Signing on the dotted line to purchase the condo was all you needed to sign. I would ask for a waiver of the late fees since they have not contacted you to this point, I think that would be a fair thing to do by your board. However, all dues accrued since the purchase of your condo should be paid. Approach your board in a civil manner and ask that since this is the first time you have been notified off dues that you think it is fair to waive the late fees. It also might help to present a check at the time for the dues owed. DavidW13, I would have to agree with what was previously post. You essentially did become member of your community, by “default” (if that is how you feel you became a member) I don’t mean to come across rude in any way, but when you purchased your condo, apparently it never occurred to ask? Didn’t you want to have a sense of security when you made this decision? (Investment) It’s not as if you were making a purchase of a lesser significance. I would call them and get the exact balance owed including, interest, late fees, etc and have these figures mailed or faxed, one or the other. I would make an appointment with them, bringing with me a blank check, with the intention to pay the account in full, assessments only! I would explain your particular misunderstanding and assure them that this would never have happened if you would have only known. Go about explaining what you thought…. “You can’t ask about something if you don’t know you should have asked about in the first place” Then ask them if they would set up a payment arrangement, unfortunately this will probably include interest and late fees. If they agree to set up a payment plan with you go one step further and mention to them that you just filed your income tax and you anticipate a rather large return, enough to settle this account (the dollar amount minus late fees and interest) in full, to keep this from going into collections! One of your main concerns at this point should be to make certain that a lien hasn’t and won’t be filed for unpaid assessments. I would assume you're getting close to that stage of the collection process. I agree with BradP, in that you should bring a check, showing good intentions. This will show them that you would like to pay the account in full (if possible). If you can pay the account in full, I would ask if they would waive any late fees and interests that had accrued. Purpose that as the deal breaker. DorothyH is correct to my knowledge, “you should have received this information at closing” Be understanding and they will in return be sympathetic to you situation. They too are condo, townhome or homeowners as you are, they will understand, I’m sure. As I always say “some money is better than no money” Best of luck, Keep us posted Chuck W.

Charles E. Wafer Jr.

CharlesW1
(Georgia)

Posts:826

03/22/2007 8:52 PM
Posted By BradP on 03/22/2007 9:06 AM David: You are a member by default. Signing on the dotted line to purchase the condo was all you needed to sign. I would ask for a waiver of the late fees since they have not contacted you to this point, I think that would be a fair thing to do by your board. However, all dues accrued since the purchase of your condo should be paid. Approach your board in a civil manner and ask that since this is the first time you have been notified off dues that you think it is fair to waive the late fees. It also might help to present a check at the time for the dues owed. DavidW13, I would have to agree with what was previously post. You essentially did become member of your community, by “default” (if that is how you feel you became a member) I don’t mean to come across rude in any way, but when you purchased your condo, apparently it never occurred to ask? Didn’t you want to have a sense of security when you made this decision? (Investment) It’s not as if you were making a purchase of a lesser significance. I would call them and get the exact balance owed including, interest, late fees, etc and have these figures mailed or faxed, one or the other. I would make an appointment with them, bringing with me a blank check, with the intention to pay the account in full, assessments only! I would explain your particular misunderstanding and assure them that this would never have happened if you would have only known. Go about explaining what you thought…. “You can’t ask about something if you don’t know you should have asked about in the first place” Then ask them if they would set up a payment arrangement, unfortunately this will probably include interest and late fees. If they agree to set up a payment plan with you go one step further and mention to them that you just filed your income tax and you anticipate a rather large return, enough to settle this account (the dollar amount minus late fees and interest) in full, to keep this from going into collections! One of your main concerns at this point should be to make certain that a lien hasn’t and won’t be filed for unpaid assessments. I would assume you're getting close to that stage of the collection process. I agree with BradP, in that you should bring a check, showing good intentions. This will show them that you would like to pay the account in full (if possible). If you can pay the account in full, I would ask if they would waive any late fees and interests that had accrued. Purpose that as the deal breaker. DorothyH is correct to my knowledge, “you should have received this information at closing” Be understanding and they will in return be sympathetic to you situation. They too are condo, townhome or homeowners as you are, they will understand, I’m sure. As I always say “some money is better than no money” Best of luck, Keep us posted Chuck W.

Charles E. Wafer Jr.

MartyD
(Florida)

Posts:43

03/23/2007 7:35 AM
I agree with Dorthy...usually the closing agent that represents the lender either a title company or broker will contact the Condo Association to see if the assessments are current before the closing takes place...if not then these adjustment are made out of the escrow accounts and the new owner should not have to worry about these amounts until the next due date. I can see that in a rush to close and especially a cash sale this little item could fall thru the crack...

BradP
(Kansas)

Posts:2491

03/23/2007 7:46 AM
Marty and Dorothy: That is usually the case, but we have had a couple of homes in our neighborhood that have gone through the sales process and the title and lending people did not contact us and did not inform the homeowner. It is possible this one slipped through the cracks and it is unfortunate. In those couple of cases that have happened with us we have waived all late fees and even set-up payment plans for some of the people to get current. We have not waived any dues though.

CcA
(North Carolina)

Posts:5

11/20/2011 10:53 AM
I think that North Carolina needs to be a bit more proactive in including info when a property is listed for sale that it is in an HOA. Also, buyers should be able to see a copy of any Covenants and By-laws before buying. Plus, the HOA management company should be responsive to buyers who ask them questions about the HOA before buying a property. The worst in this last regard is Sentry Management, headquartered in Florida, but quickly taking over many HOAs in other states, including North Carolina. We could not get hold of them during the time we were under contract to buy our current house and got some surprises at closing. Not doing one's due diligence is one thing, but trying to and being blocked by people not responding to emails and phone calls is another. Next time, we'll track 'em down with blood hounds.

MelissaP1
(Alabama)

Posts:2207

11/20/2011 12:25 PM
The CC&R's are considered "PUBLIC DOCUMENTS" and the BUYER's responsibility to be informed about them and the HOA. The mortgage company should have been aware of it as they have to factor in the HOA dues, however that's not always the case with certain loan types. It isn't the lawyers or the Real Estate agent to inform you either. Most of the time it should be part of the advertising or in the closing paperwork. That doesn't mean it is or not overlooked. The seller can be "nice" enough to give you their copy but it's NOT required. Knowledge of an existance of a HOA is one of those tricky things in life. We would like to blame somebody but in reality it's you that's got to take the blame...Until laws are changed, that is the way the cookie crumbles...

Former HOA President

TimB4
(Virginia)

Posts:3801

11/20/2011 3:01 PM
CcA, You have a valid point. It would have been better to post it as a separate topic then to revive a thread that is over 3 years old.

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