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Subject: Refusal to pay dues
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Author Messages
VirginiaM
(New York)

Posts:23


05/05/2006 7:20 AM  
There are many in our Assn who refuse to pay dues and say that they don't have to. Our charter documents state the following:

Subject to the following covenants and restrictions...

(d) The annual maintenance charge for said plots designated “Reserved for Owners”, which said charge shall not be continued beyond the first day of March, 1955.

Together with the appurtenances and all the estate and rights of the parties of the first part in and to said premises. To have and to hold the premises herein granted unto the parties of the second part, their heirs and assigns forever.

Is this a valid reason for not paying dues?

Thank you in advance for your thoughts!
RogerB
(Colorado)

Posts:5067


05/05/2006 7:32 AM  
Yes, they are not required to pay dues according to what you posted. It appears you currently have a voluntary Association and are wishfully hoping more who will volunteer to pay.
VirginiaM
(New York)

Posts:23


05/05/2006 7:39 AM  
Thank you so much for your reply. Wow! That is a shock!!!
The BOD says that everyone in the Assocaition has to pay dues and have use threat tactics to get people to pay up. They have also refused to give a letter of clear title (on alot of sales) unless people pay up which they always do so they can close on the sale of their house.

If this is true, are they breaking the law by doing that?

Also, how do the taxes, etc. get paid on the properties? I guess I really need to see a lawyer but if you have any thoughts on the above I'd appreciate it.
RogerB
(Colorado)

Posts:5067


05/05/2006 8:15 AM  
If your BOD are doing this I would first question whether you have presented all the facts. If you have correctly present all pertinent facts then the BOD is in violation and could be liable if there is a loss of sale due to their actions. The Seller's real estate broker should be able to help resolve this problem.

Property taxes are billed and collected by the County in Colorado. I presume it is the same where you live.


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Forums > Homeowner Association > HOA Discussions > Refusal to pay dues



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