HOA...advice needed please

[sramille]

I've been living in my condo for about a year and a half. The HOA is just getting up and running because we've only recently got a majority ownership in the community.
Every month I've lived here, the developer has given me a water bill that I've paid. It made sense to me that I pay my water bill while I wasn't paying HOA fees. My HOA fees are supposed to cover water so I expected to not have to pay for water once I started those fees.
Now, I'm paying association fees and they're still trying to get me to pay my water bill! The HOA handler company and the developer have both admitted that my paperwork states that water is included, but the bills keep coming. I haven't paid it in 3 months because I'm so irritated with them. The developer called me and tried to scare me...told me the HOA could put a lien on my house, etc. Asked me if I'd talked to a lawyer because they would tell me I couldn't win.
My water bill is like $6/month...it's not the money that I have issue with. It's the fact that my paperwork says one thing and I have not received any written notice(unless that's what you call the bill) of a change to that paperwork. Not to mention how irritating it is that they want me to write two checks to the HOA every month. One for HOA fees and another for water!
I've just received my 4th water bill so I need to decide if I'm going to keep witholding payment or just give in.
Any advice???

 

[ducklite]

I've been living in my condo for about a year and a half. The HOA is just getting up and running because we've only recently got a majority ownership in the community.
Every month I've lived here, the developer has given me a water bill that I've paid. It made sense to me that I pay my water bill while I wasn't paying HOA fees. My HOA fees are supposed to cover water so I expected to not have to pay for water once I started those fees.
Now, I'm paying association fees and they're still trying to get me to pay my water bill! The HOA handler company and the developer have both admitted that my paperwork states that water is included, but the bills keep coming. I haven't paid it in 3 months because I'm so irritated with them. The developer called me and tried to scare me...told me the HOA could put a lien on my house, etc. Asked me if I'd talked to a lawyer because they would tell me I couldn't win.
My water bill is like $6/month...it's not the money that I have issue with. It's the fact that my paperwork says one thing and I have not received any written notice(unless that's what you call the bill) of a change to that paperwork. Not to mention how irritating it is that they want me to write two checks to the HOA every month. One for HOA fees and another for water!
I've just received my 4th water bill so I need to decide if I'm going to keep witholding payment or just give in.
Any advice???

What does the public offering statement say? That's a binding document, and if the developer screwed up, well, he's screwed.

Anne

 

[sramille]

I have a "Subdivision Public Report" and the "Condominium Declaration". Both documents state that water is included in the association dues.

 

[goofyforlife]

I have a "Subdivision Public Report" and the "Condominium Declaration". Both documents state that water is included in the association dues.

i review condo docs for my county.... In your state, find out if the developer had to record those docs at the local courthouse.....

Based on what the docs say....I would say assoc should pay however, if the fees continue to go unpaid, the water company can shut your water off - regardless of who's supposed to be paying.

 

[sramille]

It looks like the Condo Declaration was definitely recorded with the County. The Public Report looks like it was registered with the State Departement of Real Estate.
My condo is "attached" to 3 others. When the water bill from the city comes, someone reads the meter and figures out how much of my building's bill I owe for. What I'm getting at is - they can't shut my water off without shutting it off to the other 3 units in my building.
The funny thing is that neither the association or the developer made any comments about my not paying until I sent them a letter telling them why. That was in November. I haven't heard from anyone about my not paying in December.

 

[ducklite]

Bottom line, if they made a mistake, then they also probably don't ahve it figured as a line item in the budget. If this is the case, they'll just raise everyone's monthly fee to cover the difference down the road.

What they really should do is send a letter to everyone explaining the mistake, and that they will handle it for the time being with a special assessment.

Either way you're going to end up paying. You've got to live with these people for a long time to come, and frankly I"d be looking to be as accomodating as I can. But I wouldn't do it until they put it in writing that they made a mistake, and made sure that they are treating all the condo-owners with the same criteria.

Anne

 

[diznygirl]

I've been living in my condo for about a year and a half. The HOA is just getting up and running because we've only recently got a majority ownership in the community.
Every month I've lived here, the developer has given me a water bill that I've paid. It made sense to me that I pay my water bill while I wasn't paying HOA fees. My HOA fees are supposed to cover water so I expected to not have to pay for water once I started those fees.
Now, I'm paying association fees and they're still trying to get me to pay my water bill! The HOA handler company and the developer have both admitted that my paperwork states that water is included, but the bills keep coming. I haven't paid it in 3 months because I'm so irritated with them. The developer called me and tried to scare me...told me the HOA could put a lien on my house, etc. Asked me if I'd talked to a lawyer because they would tell me I couldn't win.
My water bill is like $6/month...it's not the money that I have issue with. It's the fact that my paperwork says one thing and I have not received any written notice(unless that's what you call the bill) of a change to that paperwork. Not to mention how irritating it is that they want me to write two checks to the HOA every month. One for HOA fees and another for water!
I've just received my 4th water bill so I need to decide if I'm going to keep witholding payment or just give in.
Any advice???

This part doesn't scare me cuz everything I've read about HOA states that they can't enforce anything. The lien will go on your condo, but you don't actually pay anything until it sells. So ask them if they have talked to a lawyer. They are trying to scare you.

I'd keep fighting until it got resolved. Maybe pay a month here and there so the water doesn't get shut off. Any way to let the others in the HOA in on what is going on?

 

[The Mystery Machine]

You need to deal directly with the HOA. Basically you have no connection with the builder.
In fact it was nice of you to pay the water bill but the builder is responsible. Really should not have paid it to start with.

Once the county/city signs off on the property then the builder is outta there. Your beef is with the HOA. Tell them you are following the HOA rules and they need to change them if they want to change the water bill rule.

If they put a lien on they would be laughed out. Your contract is valid and they have no leg to stand on.
It is not your problem that they were not collecting HOA dues....it is the builder. Generally the builder sets it up and you contribute, then the HOA takes over fully after the sign off of the building site.

 

[ducklite]

This part doesn't scare me cuz everything I've read about HOA states that they can't enforce anything. The lien will go on your condo, but you don't actually pay anything until it sells. So ask them if they have talked to a lawyer. They are trying to scare you.

Not quite. I was on a HOA board and we foreclosed on someone who hadn't paid association dues (including a special assessment) in seven years. They owed over $13K, and refused to pay because "nobody told them there was an association before they bought the place." Well duh, it's their fault for not knowing what they are buying, and the HOA doesn't even know the new owner exists until the unit has been sold. Anyhow, the mortgage company was paid first (we found out after we filed that they would have foreclosed a month after we did--these people were in serious financial trouble) and then two judgements that got there before us, and then us. We did get our money, and after all was said and done with legal bills and such, we barely borke even. But we considered it as cutting our losses, as this would ahve gone on forever if we hadn't acted.

I'd keep fighting until it got resolved. Maybe pay a month here and there so the water doesn't get shut off. Any way to let the others in the HOA in on what is going on?

That isn't going to help. She needs to contact the management company and be proactive. Take the high road on it. She has the law on her side, but she really needs to get it resolved.

Anne