Get 2 months of free community web site hosting from Community123.com!
Monday, May 20, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Liens & foreclosure
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
FrancesD


Posts:0


05/12/2006 7:13 AM  
I have reciently joined the Board as V.P.The previous board has decied to persue a lien & foreclosure against a homeowner here is the situation; Home X was purchased by owners 1 & 2. The board didn't notify home X they were behind until 12 months had passed and then they only notified ower # 1.They went to mediation and owner 1 contracted with them a 6 month repayment agreement owner 2 didn't sign the agreement at the end of the agreement the board wanted more money even though owner #1 had completely complied with all of there requests.Owner #1 had decided that they had enough and choose not to enter the new agreementthey didn't notify owner #2. They sent the bill to collections Owner # 2 came to me and asked what to do so I asked the treasurer who said to tell owner #2 to start paying the current dues.So I informed owner # 2 and told them to talk to the treasurer.Owner #2 paid but the tresure & president refused to accept payment.This was not discussed with me the only reason I know this is because I have asked owner #2 to keep me informed. We are in colorado I think what they are doing is Illeagal I am considering resigning but at the same time I want to help owner # 2. What do you recomend I do? The president is talking with a lawyer but I have no information about this lawyer and no way to contact them. I don't want to be held accountable for the president & Treasurers actions when I am not being informed about what is going on.
RogerB
(Colorado)

Posts:5067


05/12/2006 7:40 AM  
Frances, it appears your Board does not know the proper procedures to follow on Delinquent Assessments. If you have a managing agent they should have guided your Board to keep it out of this mess. There are too many unknowns and questions to give you help here.

You are not accountable for actions others take which are unknown to you. But when an owner sues the attorney will cast as large a net as possible; so you may be listed along with every other member of the Board, the Board, and the Association. I appreciate your efforts to try to help resolve this mess. If you want to give me a call perhaps I can help. You can check on how to contact DARCO under the HOA Professionals tab.

RogerB
RogerB
(Colorado)

Posts:5067


05/12/2006 4:49 PM  
This case may be an example of how to enforce the 2005 amendments to CCIOA (Senate Bill 05-100) which became fully effective on 1/1/06. I have suggested Owner #2 request copies of the REQUIRED HOAs Rules and Regulations on Delinquent Assessemts and on Inspection and Copying of Association Records. Also, I suggested she get a copy of the HOA's procedures for a Hearing on the alledged violation of failure to pay late charges.

I volunteered to review the records and attend a Hearing with her. Apparently the owners did not received an assessment notice advising them of the amount and date due on monthly assessments until 12 months after they moved in. Yet the President expects them to pay significant late charges from month one. The Board claims they have been to mediation, but the so called mediator was a Board member! And now the President plans to file a lien.

The President, also the Registered Agent of their corporation, does not live in Colorado. Thus, it will be interesting to see if she can comply within the 5 day limit for access to the requested association records. These records are required to be maintained by the Register Agent and available upon request for viewing. And this begs the question, doesn't the Registered Agent have to reside of Colorado? Also, I don't think she should be a member of the Board much less the President.

These are example of how HOAs get a bad reputation. These things would not happen with a competent Board or a good Managing Agent. I really hope the Board is complying with state statutes and will treat #2 in a professional manner. If not, I suggested replacing Board members who are illegal and/or not acting in good faith. I stand committed to help #2.
FrancesD


Posts:0


05/17/2006 12:31 PM  
I have informed the president of the board of what you told me and all She did was to tell me I was wrong about everything and She is correct and is going to continue with legal action.I felt I had no choose but to resign as I don't agree with her and She is not willing to compromise at all.She wants all or nothing.Resigning was the only way I know to let every know I don't agree with the way they are handling this. I am glad you are helping # 2. #2 can use all the help they can get.
RogerB
(Colorado)

Posts:5067


05/19/2006 3:47 PM  
Frances, I have met with Natalie and hopefully there will be a meeting with the Board next Wednesday to try to resolve her problem. I will attend with her and take a copy of the new CCIOA statutes to educate the Board.

Regarding your resignation, was it verbal or in writting? If in writting I would hope you advise them you have changed your mind and will not be submitting a written notice of resignation (usually a written notice is required for a resignation to be official). I think your demeanor is a valuable asset as a Board member. You can help this Board and Natalie. If you change your mind I will hopefully see you next Wednesday.

Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Liens & foreclosure



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement