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MarkM19 (Texas)
Posts: 65
Posted:
We have a with over 400 single family homes. We have 6 to 10 Social events yearly. They include Concerts in our Park, Movies in the Park, BBQs, and a large Holiday event at the end of the year.

We probably have 8 to 10% of our homes that are currently behind on dues. When I saw behind I mean from $500.00 to $5,000.00 My question is has anyone been able to keep these type of people from attending the Social events that the HOA provides to homeowners. We do not allow them to use our Pool facilities but that is controlled by card access.

Any input on this would greatly appreciated.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Personally? I wouldn't specifically invite them, but if they showed up I would use it as an opportunity to discuss their dues in person. Nothing like a little face to face time.
MicheleD (Kentucky)
Posts: 4,491
Posted:
What do your documents say?
MarkM19 (Texas)
Posts: 65
Posted:
They do not mention anything about Social events. They only talk about the Pool. It says that you must be in good standing. The previous BOD agreed that if they are more than 3 months behind the pool access is denied.

Since the Social events are held on our Private property and are paid for by HOs that are in good standing I was hoping we could prevent them from taking furhter advantage of the good homowners.
MicheleD (Kentucky)
Posts: 4,491
Posted:


Do your docs give you (the HOA) the authority to hold events?

MarkM19 (Texas)
Posts: 65
Posted:
They have had events since the Developement was opened in 2000. I have only lived in the HOA for the last 2 years and on the board since November 09. They have always budgeted funds for Social events according to all the documnets I have seen.
TimB4 (Tennessee)
Posts: 21,044
Posted:
Quote:
Posted By MarkM19 on 04/19/2010 7:07 PM
They do not mention anything about Social events. They only talk about the Pool. It says that you must be in good standing. The previous BOD agreed that if they are more than 3 months behind the pool access is denied.

Since the Social events are held on our Private property and are paid for by HOs that are in good standing I was hoping we could prevent them from taking furhter advantage of the good homowners.

Mark,

If your documents allow the board to deny access to common area (in addition to the pool) then I would expect that it might be possible to deny them from the party after you notify them ahead of time.

If your documents only allow banning from the pool then you need to first change the documents to allow banning from the common area and/or social functions.

However, my gut feeling is to allow them to the party but, as previously suggested, the treasurer should use that time to schedule an appointment to stop by and talk about catching up on the assessments.

Tim
AnnaD2 (Florida)
Posts: 960
Posted:
As the treasurer of our association I do not feel that a social event is the time nor place to have a discussion with a homeowner about their past due fees. It could get ugly. Hopefully the past due fees are already being handled appropriately; legally or whatever other system the association uses.

How are residents notified of a social event? Are they sent a flyer? Perhaps something could be added to the announcement? Something like:

*Only those residents who are current with their maintenance fees are invited to attend.*

Just a thought.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By MarkM19 on 04/19/2010 9:34 PM
They have had events since the Developement was opened in 2000. I have only lived in the HOA for the last 2 years and on the board since November 09. They have always budgeted funds for Social events according to all the documnets I have seen.

I don't mean to be picky, but this doesn't really answer my question. For example, our documents (by laws and covenants) do not provide for social events. We have had a few over the years, but they are not something the HOA is either obligated or part of our mission or mandate.

We budgeted for those handful of events, too, but again, they are not part of our governing documents.

What sort of documents are you referring to when you refer to "all the documents" that you have seen?

The reason I'm asking is that if the documents mandate social events as part of the HOAs function, then that could be considered a common asset or amenity to which all members are entitled. If your documents allow you to restrict access to amenities to members not in good standing then you can restrict their access to the events.

But, as Tim said, if your documents only allow you to restrict certain things from members not in good standing, say, you can only restrict voting rights or only access to the pool area, then you may not be able to restrict access to social events.

On the other hands, if this is just a tradition, that your HOA budgets but is not mandated to provide, then your board could probably establish any rules for attendance that it likes.

But, also as Tim said, either way you should notify them ahead of time the reason for the restricted access.

Also, I do not recommend putting on the flyer or other notice "Only those residents who are current with their maintenance fees are invited to attend."

Once you establish that as a rule and formally notify the entire community, there should be no need to put that on the actual flyer or invitation.

Then again, as I'm leaning against even restricting access because if you publicize that people who are deadbeats aren't invited, if some units are not able to attend because of scheduling conflicts or because they don't particularly care for that particular theme or event, it could start gossip that so-and-so must be late in their fees. . . . I would then feel like I would be compelled to attend an event because otherwise people might think I was a deadbeat!

Maybe I'm over-thinking this.
AnnaD2 (Florida)
Posts: 960
Posted:
No Michelle, you're not overthinking this. We've all seen the results of the gossip mill. You're thinking ahead.
MarkM19 (Texas)
Posts: 65
Posted:
To answer a few of the many great comments. I am actually the treasurer of our BOD. We do not communicate directly with our past due accounts. This is something that I would like to change during my term. They recieve letters from the PM and in most cases a Collection agent that we use. They know that they are not in good standing with the community.

At a typical event we may only see 20% of our population I do not think anyone other than a BOD would have any idea who is actually one of the dead beats. I am actually on the Social committee so I attend all of the events and in a few cases have seen people that I now know should not be in attendance. The problem I have is I can not visually identify all of our past due accounts.
DwightT (Idaho)
Posts: 664
Posted:
How would you enforce it? We have 313 homes in our community, and I know that I wouldn't be able to recognize every body during one of our social events, and even if I could recognize most of them I doubt if I would be able to remember at the time which ones have paid and which ones haven't. Unless you have controlled access to the event like you do to the pool, it seems to me that it would be a logistical nightmare. Maybe give a speech during the event about the importance of paying dues so that the HOA can afford to put on these events, but otherwise just enjoy yourself and let your normal collection process handle the deadbeats.

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