HOA ammenties and those who don't pay thier dues?

Started by FrancescaM • 7 replies • 1537 views

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FrancescaM (Washington)
Posts: 264

Posted:

We are currently updating our cc&r's and rules. Many of which are very out of date. Some items like pets and legal numbers for example are not even addressed. None the less, a good # of homeonwers are behind big time in thier dues. We have more than several $4k or more. ( they are being dealth with per collection policy and leins etx are being dealt out) However saying that I'd like to know if any HOA's have it in thier documents that anyone behind lets say 6 months in dues may not have access to the HOA ammenities like clubhouse, pool and gym? How is this enforced if at all??

BrianB (California)
Posts: 2,820

Posted:

My former HOA had that clearly spelled out in the regs, and to the best we could, we enforced it. It took some legwork, and time on our part to watch the common areas, know who could and couldn't enjoy the privileges, and if we saw them, we simply asked them to leave the area.

KennethN (Illinois)
Posts: 36

Posted:

We have a card-reader system to prevent non-current members from accessing our pool. One of the management companies we are interviewing is strongly against this. However, I am not. We have had good success by just talking to the homeowners using the pool that are not current (friends and neighbors let them in). So far we have had to take it past a conversation. If they continue to show up without payment, I too am curious what our next step would be.

Ken

MaryA1 (Arizona)
Posts: 7,043

Posted:

Kenneth,

Your next step should be imposing a fine for violating a CCR restriction. But, first, make certain the BOD does have the authority to fine. Also check out state statutes on this.

KennethN (Illinois)
Posts: 36

Posted:

Mary,

We are currently adopting our fining resolution (if our fired -- 90 days -- managment company ever decides to send it out). That is what I figured.

Thanks,
Ken

MaryA1 (Arizona)
Posts: 7,043

Posted:

Kenneth,

Frankly, I wouldn't put too much faith in the mgmt co for the next 90 days. Hopefully they are at least taking care of the finances! Perhaps the board sec should send the fine policy out to the members.

MarciiaB (New Mexico)
Posts: 36

Posted:

Our Board By-Laws allow the board to suspend voting rights in certain instances as the board saw fit. The board passed a resolution last year stating if an owner wasn't current with their dues or had outstanding unpaid fines, their voting privileges were suspended until their account was current. Our development has no clubhouse, playground or any amenities that we could use as leverage. Suspending the voting privileges was our only option. Unfortunately, those same folks don't really care about what the board is trying to do to maintain and improve our common areas, so it really has had no effect.

GlenL (Ohio)
Posts: 5,491

Posted:

In Ohio the statutes give COA's the right to suspend voting privileges and access to amenities to any member who is 30 days in arrears. And yes we have asked people to leave the pool area, always a fun thing when they have to explain to the kiddies why they can't swim anymore.

5311.081 Powers and duties of board of directors.

(18) Suspend the voting privileges and use of recreational facilities of a unit owner who is delinquent in the payment of assessments for more than thirty days;

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