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Subject: Owner denied right to fix violation due to late HOA dues
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Author Messages
JackieJ1
(Georgia)

Posts:1


11/06/2017 6:35 PM  
My community currently has a homeowners that has received a violation notice and is about to go into fining stage The owner submitted a lot modification to correct the violation. The modification was denied and the homeowner was advised the denial was because they are behind in HOA dues. I am disagreeing with that, I can see the HOA not permitting the to make improvements however this is to correct a violation. Please advise if this is legal.
MelissaP1
(Alabama)

Posts:6788


11/06/2017 6:55 PM  
What do you mean by legal? They going to jail for it? It's more of a bad decision. Seems there may be a detail missing here. Usually what your describing doesn't connect the dots. They HOA could fix the violation and send the owner the bill instead of fining.

Not being up to date on dues usually means you lose your right to vote for elections. (Not that you can't be elected). Read your documents to see what applies to not being in good standing.

Former HOA President
JanetB2
(Colorado)

Posts:3642


11/06/2017 7:03 PM  
If what you stated is correct:

Owner submitted a lot modification to correct a violation ... then denied the right to fix because behind on HOA dues. Potentially if the HOA then fines them after denying the right to fix ... the Owner could take the HOA to court regarding the fine. Same as you I would disagree also ...

JanetB2
(Colorado)

Posts:3642


11/06/2017 7:04 PM  
BTW ... Welcome to the Forum
JanetB2
(Colorado)

Posts:3642


11/06/2017 7:05 PM  
Jackie ... If you want to know if it is legal ... you would need to ask an attorney.
TimB4
(Virginia)

Posts:14860


11/06/2017 7:10 PM  
Jackie,

I agree that it's wrong.
It's also counter productive.

However, to determine if it's legal, one would need to read your governing documents and applicable statutes. They should also talk to someone within the legal profession (a legal opinion).

The easiest thing to do, and possibly less expensive, is to simply pay the back assessments and resubmit.


Tim
KerryL1
(California)

Posts:4381


11/06/2017 8:27 PM  
Are you on the board, Jackie?

Only your governing documents can tell you & us the penalties for being delinquent in their dues. And, even then, you might need an attorney's opinion.

I think I agree with Tim here, they should pay the back dues and correct the violation. (Btw, this person doesn't seem to be a very good HOA citizen.)

Say, Melissa, some HOAs' bylaws certainly DO keep delinquent Owners from being elected to the Board and/or staying on the Board.
SC5
(Arizona)

Posts:2


11/17/2017 4:43 PM  
I live in Arizona in a condominium community with 180 units. Some units are rentaed by owners and some are owner occupied. I am an owner/member of the association (COA). It came to my attention during the last board meeting that the community buildings will not be painted (stucco) until 2019-2020 because two years ago there were numerous roof repairs that ate up the reserves. I asked about whether a special assessment should be considered. I want to point out that the buildings have a lot of peeling paint, the parking lots need to be resurfaced, the granite rocks need to be supplemented and the landscaping needs to be updated. These are the issues that I am aware, there could be more.

When Discussing the special assessment the property manager agent reported that in the past when the Board had sent out letters requiring a 2/3 yes vote hardly anyone responded at all. He went on to say that it is impossible to make a special assessment if the owners do not reply. I have read the CC& Rs and it does say that a special meeting must be called and owners notified and a 2/3 yes vote is needed to make the assessment. There does not appear to be a remedy spelled out in the document if no one responds to the assessment letter and meeting.

So my questions to the forum are:

Is there a remedy for the board to use to effecuate assessing monies to make many needed repairs and too replenish the reserves?

Can I as a owner/member write letters to my owner neighbors that point out the need for our property to be better maintained. ANd by doing so insure property values as well as renter desirability are protected?

I have never been on a board but honor our board members commitment to the community and am willing to help them, however, it appears that the property management agent is running the show. So any suggestions from board members or property managers would be appreciated.

Thank you

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Forums > Homeowner Association > HOA Discussions > Special assessments - breaking the bad news



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TimB4
(Virginia)

Posts:14860


11/18/2017 3:49 AM  
SC,

A non response has the affect of a vote against.
That may have been the intent of those not responding.


What other option is there:

More leg work - the Board going door to door explaining the issue. Perhaps with an election official to collect any ballot.


Courts - petition the court to overrule the vote (or lack there of) and impose a special assessment (of course nobody will like the board for this and it's possible that the court says no - plus the additional expense).



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Forums > Homeowner Association > HOA Discussions > Owner denied right to fix violation due to late HOA dues



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