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| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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| Author |
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SidneyP
(Florida)
Posts:292
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| 11/23/2008 5:16 PM |
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I need help again before I go to this finally long over due meeting (Tues.25th).
I have mentioned this before in my post but I need opinions on my thoughts about this. I have been asking for the Board to draw up a collection policy, showing each step that is taken, the late fee and interest and time lapse between the the first notice, intent to lien, foreclosurer....This has never been done...
BUT...last March the Board and PM decided to charge a $25. late fee each month late and a 1.5% interest. The PM ask if they wanted it retro. The President said yes....
Not only did the PM add these fees to the invoices that were delinquent but even went back and added these charges to some HO's that had already paid. (paid late but already paid before these charges were even approved and in the minutes.
I have told the Board and the PM that this was not a legal action, they could not do this w/o giving the HO's written notice of a policy....As usual, I was told that I was just trying to stir up trouble. This is what is told to me any time I call them on the breaking of the CC&R's and FL.SS.
Am I right or wrong? and if I am right what can be done about this practice? I have also stated that the Association could be sued. Right or wrong? |
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BrianB
(California)
Posts:1748
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| 11/23/2008 8:47 PM |
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you are right, the board is incorrect. i doubt suit will be brought, but it could be if you anger enough owners.
all you can do is recall the board, vote them out, and put someone in with more common sense. |
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RobertR1
(South Carolina)
Posts:2520
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| 11/23/2008 9:40 PM |
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Well Sidney,
It looks like you got a shot with this upcoming meeting. If your aim is to be right, it sounds like you are right about the issue as explained in this post. I know I don't seem to be able to reach you, and maybe you think I have a derogatory opinion of you. I don't, you are are my mirror image, twenty years ago. But if the way you have been approaching your "windmill" doesn't solve the problem, time to switch tactics, what have you got to lose? I my suggest you prepare a five minute synopsis of your position, in writing, speak it slowly and clearly to the board, offer your help, and request they respond to you at the meeting and make the response a part of the minutes. Do not accuse, but do offer a better way, don't get person speific but do offer a better way. Don't threaten, but do remind them of the specific parts of your documents that clearly spell out procedures.
It may be productive but if anyone offers anything take up on it and get back involved with the Board.
Final word, right now it is important you stay connected to the Board. Change will come, but it will be small and it will take little bites and it will take a long time, but eventualy you will get there. There are many posting on this site that have gone through exactly what you are experiencing, it's the truth. Your satifaction is not going to be found in nailing them to the wall, your satisfaction will derive from knowing you made things better. |
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SusanW1
(Michigan)
Posts:2316
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| 11/24/2008 6:13 AM |
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Our bylaws state that the board must develop procedures for fines and shut-offs, etc. So one would expect those to be in writing, since it is mandated that they be written out. You members should expect the same. Everyone should have been mailed these new procedures.
I expect there will be many homeowners who will balk at being charged finance fees for bills already paid. )I don't know why any business or board would think they could even think of doing that at this point.)
The best thing you can do is to just register your objection to these steps that the board is taking now. Be sure you do it in writing and request that your letter be entered into the minutes. Keep it short and to the point.
Good luck. Sounds like the battle now begins . . .
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