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Subject: Use of HOA funds on board members personal property
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Author Messages
DeborahC7
(Georgia)

Posts:1


12/20/2018 12:15 PM  
Our HOA President and Vice President used HOA funds to beautify their own property at the front entrance to our community. The land is on record as being owned by them. I refused to pay for this work and they are threatening to file a lien on my home. Can they use HOA funds to beautify their property?
KerryL1
(California)

Posts:6242


12/20/2018 12:49 PM  
No, they should use their own personal funds to beautify their own separate property. But is the HOA responsible for the landscaping of these areas?

Never withhold paying dues when you disagree with anything in your HOA. Depending on GA law and your HOA documents, the board may be able to file a lien against your home if you don't pay dues
DouglasK1
(Florida)

Posts:1356


12/20/2018 1:53 PM  
Does the association have an easement for wall, landscaping, or similar purposes? If so, then doing this might be acceptable. As Kerry said, withholding dues could end up getting expensive for you. The covenants, CCRs, Deed Restrictions, etc. are essentially a contract between the owners, if you feel the board is doing something wrong in most states your recourse would be via the courts. This of course means you would need to sue for improper use of association funds. This is typically expensive for both sides and very likely not worth it.

Your better longer term option would be to identify board candidates who align better with your thoughts on running the association (possibly yourself included) and campaign to get them elected.

Escaped former treasurer and director of a self managed association.
JohnC46
(South Carolina)

Posts:8133


12/20/2018 2:32 PM  
Posted By KerryL1 on 12/20/2018 12:49 PM
No, they should use their own personal funds to beautify their own separate property. But is the HOA responsible for the landscaping of these areas?

Never withhold paying dues when you disagree with anything in your HOA. Depending on GA law and your HOA documents, the board may be able to file a lien against your home if you don't pay dues




Not only file a lien but in many states, unpaid dues can lead to a foreclosure on one's home.
MelissaP1
(Alabama)

Posts:7928


12/20/2018 4:55 PM  
IF it's the front entrance area, then it may fall in line with the HOA responsibility. A HOA's purpose is to keep the neighborhood ATTRACTIVE to potential buyers. So for them to have done something to keep up appearances may be in line what a HOA does.

What was the project? Was it putting in a flower garden? Placing a sign? Putting in a flagpole?

As others have stated, NOT paying your dues do result in liens/foreclosures. Just because you don't agree or want to pay doesn't mean you don't pay your dues. Especially if there was board approval for them to do the project. I don't think it was just them who voted. They presented the idea and the rest of the board approved.



Former HOA President
FredS7
(Arizona)

Posts:878


12/21/2018 9:06 AM  
It's possible for both parties to be in the wrong.

As described the P and VP shouldn't have used HOA money. However we don't know the details.

It's plain foolish to not pay HOA dues. It will get you liened (in some states) and it will be legal. The fact that you did it because of an unwarranted (small) expenditure won't get your house back.
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Forums > Homeowner Association > HOA Discussions > Use of HOA funds on board members personal property



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