ClaudiaH (Kentucky)
Posts: 27
Posts: 27
Posted:
I'm the treasurer and filed a lien on a homeowner who has failed to pay his annual dues. He's a chronic late payer by several months. I don't know if he just gets a kick out of exhausting previous treasurers who gave him late notice after late notice, if he's just lazy, or if he's trying to make a point. Regardless, I have a life to lead and am not the least bit interested in spending a year chasing anyone. I successfully invoiced, collected and deposited 99 annual dues. Our restrictions and bylaws don't even require the treasurer to send out invoices, late notices or notice of intent to lien. They merely state that homeowners are required to pay their dues by Feb 1 each year and if they aren't paid, they are subject to late fees, liens and legal costs to collect the dues. That being said, I sent him his invoice by certified mail (since he's chronically late) and he refused to sign for it. I then emailed his wife with a copy of it, and she said they would pay shortly. Then I sent 2 late notices and an Intent to File a Lien notice before I filed the lien.
Here's where I made a mistake.
Our restrictions state that homeowners will have to pay $25 as soon as their dues are late, PLUS $25 for each month they are late. I put in the lien, that the homeowner has to pay the dues plus the $25 for each month they are late, but forgot to add in the $25 flat fee that is due just for being late.
I'm wondering if he's going to catch this, and pay everything but the $25 which I failed to include in the lien. If he does that, then what?? Do I release the original lien and then refile another lien for $25?? It's really no skin off our nose to do that, as I'm filing the liens myself and it costs $26 to do so, which the homeowner has to pay.
Or, do I just keep the original lien on until he pays in full?
Either way, I'm not for cutting this guy any slack. I'm not making exceptions to the rule for anyone regarding dues. Too much liability at stake to do that with the other homeowners. And he's such a chronic late payer, that everyone in the neighborhood knows it. Which by the way, is pretty irritating. Out of 100 homeowners, 1 guy never pays. Just so dumb.
Here's where I made a mistake.
Our restrictions state that homeowners will have to pay $25 as soon as their dues are late, PLUS $25 for each month they are late. I put in the lien, that the homeowner has to pay the dues plus the $25 for each month they are late, but forgot to add in the $25 flat fee that is due just for being late.
I'm wondering if he's going to catch this, and pay everything but the $25 which I failed to include in the lien. If he does that, then what?? Do I release the original lien and then refile another lien for $25?? It's really no skin off our nose to do that, as I'm filing the liens myself and it costs $26 to do so, which the homeowner has to pay.
Or, do I just keep the original lien on until he pays in full?
Either way, I'm not for cutting this guy any slack. I'm not making exceptions to the rule for anyone regarding dues. Too much liability at stake to do that with the other homeowners. And he's such a chronic late payer, that everyone in the neighborhood knows it. Which by the way, is pretty irritating. Out of 100 homeowners, 1 guy never pays. Just so dumb.