Furnishing amenities to delinquent members

Started by AlexL1 • 4 replies • 1566 views

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AlexL1 (Florida)
Posts: 305

Posted:

What is the policy (cannot find anything in the CC&Rs) concerning running about to satisfy complaints from renters that (for example) their roof leaks. If their owner is delinquent in payment of HOA dues, are we really required to give them any amenities?

If the owner has not paid their HOA dues, and/or is delinquent, are they... or their tenants authorized to use the pool

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Alex,
Short answer.

If an owner is deliquent in assessments, let's hope there is something that explains the restrictions the Regime can stepwise impose on the deliquent owners. This will range from a short mailed notice explaining the procedures the association is required to take and can end up in foreclosure. Hopefuuly it is explained that at some point the deliquent owners loses his rights to use common property, a pool would be one. When a unit is rented the owner automatically gives up all his rights (and some will add, except the right to vote), to his renter or person occupying his unit. When the owner becomes deliquent, as some point, he forefits all rights in the association, including the right to vote,

I am not sure why the association would want to be involved in anything to do with a leaky roof.....period. So, I don't think the association can evict a resident in a unit, but they have no obligation to provide this tenent with any facilities,in fact that interest is really a responsibility that the tenent is forebidden anywhere on common property. So, I would go to a collection agenct and sic them on the guy to recovery past arrears, and since he is receiving income from rent, I would go after that also. It really is a Board responsibility and they need to address it ASAP> IMHO

GlenL (Ohio)
Posts: 5,491

Posted:

Alex if it is a normal Association responsibility to repair and maintain the roofs then yes the leak should be addressed. Just because the owner is delinquent does not IMO abrogate the Association from its duty to maintain the integrity of the building shell. If your CC&R's also require the Association to effect repairs in the unit caused by the leak I would check with the HOA's attorney on how to best proceed.

In Ohio we have the right to suspend the voting rights and access to amenities if a H/O is 30 days in arrears in California they have to jump through more hoops. But these types of restrictions are allowed in Florida you should have a written policy including how it affects renter's access to amenities in place so everyone knows the consequences of non-payment.

Studies show that 5 out of 4 people have problems with fractions

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Alex,
In your post you stated HOA dues, is it possible you are talking condominiums here? If so whole new ball game, as Glen notes. If it is common property that is the culprit for the leaks, they have to be repaired if no one is in the unit. I am confused... again. If this is not a condo, why would the association care about a leak in a private residence, tenent or no tenent or owner for that matter.

KirkW1 (Texas)
Posts: 1,665

Posted:

I would agree about not delaying fixing a leak due to the owner not paying dues. Delaying the repair of a leak will inevitably run up the cost of the repair.

In the mean time, your collection policy may not be aggressive enough if you have investors not paying the dues. While I hate the thought of tossing my neighbor out on his ear, I will confess to having little qualm about filing a lien and possibly foreclosing on investment property.

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