HOA, is this legal?

[ZachnElli]

We belonged to a HOA that published names of the delinquent homeowner's once. I didn't think twice about it because we weren't on it and I didn't know anybody else on it. So I wasn't concerned about it. We've lived in areas where we paid $250 a year to $250 a quarter. Currently we pay $60 a year and they don't get involved in much (in other words, my trash can is outside ). We haven't been annexed by the city yet and the $60 pays for snow removal and I'm really surprised it's only $60!

 

[Art 1]

If I am thinking of the right thing, a lien doesn't get the bills paid now. It just stops them from selling a property until the bill is paid, correct?

Correct.

 

[manning]

If I got this right you paid your dues and then it was made public you did not.

Let's see, I believe I would get a copy of the cancel check then show up at a meeting and say "Mister president in my left hand is a public notice stating I did not pay my dues, in my right hand I have my cancel check proving I did. You printed something that was false. Now are you prepared to issue a public apology or do I need to have my lawyer contact you regarding further action."

Publishing a delinquent list is no problem ....as long as it is correct!!!!

 

[arminnie]

I currently own two condos which by their very nature require a HOA. I've owned a condo or townhouse about 3-4 other times too. So I'm pretty familiar with what has to be done.

Believe me - the FIRST thing I do when I am serious about buying a condo is to check out the financial status of the association. I've seen instances where an assessment of $15,000 per unit had to be made to cover a new roof and other necessary repairs.

When people quit paying others resent it, and sometimes they stop paying too. I haven't been in a situation like that, but I've seen it happen and it can be awful.

When you have a HOA fee it's because you have partial responsibility for the common areas. Somebody has to pay or the place can become like a slum.

Think of it this way - if I had 2 roommates and one of them wasn't paying their share of the rent I'd want to know which one wasn't paying when the landlord came looking for the rest of the rent.

 

[GJM]

Honestly I wouldn't have a problem with it - I understand giving someone time to pay if they are in a tough situation, but we have people in our subdivision that are so far behind.

When they are behind the lst. thing that happens is they will cut off cable (included in our dues) and their key for the pool is deactivated. But they still get into the pool.

Why should they use the amenities if they are not paying the dues, and why should my dues go up because of people not paying.

I agree some are having a hard time, but there are some that just don't want to pay.

 

[turkeymama]

If I got this right you paid your dues and then it was made public you did not.

Let's see, I believe I would get a copy of the cancel check then show up at a meeting and say "Mister president in my left hand is a public notice stating I did not pay my dues, in my right hand I have my cancel check proving I did. You printed something that was false. Now are you prepared to issue a public apology or do I need to have my lawyer contact you regarding further action."

Publishing a delinquent list is no problem ....as long as it is correct!!!!

No, we are not on the list. And we are current on our dues. I was simply shocked and slightly put off that our HOA publicly named other people who are seriously behind (e.g. several, several months). And I didn't know whether or not that was legal.

Now to answer some other questions that have come up, or other things being discussed.

Our dues come out to roughly $700 a year. That covers use of the pool, clubhouse (still have to reserve in advance) and playground. That also covers maintenance of all common areas, electricity for our lamppost lights, maintaining entrance gates and sidewalks, landscaping for all common areas, and cutting the grass in all front yards. Of course, other expenditures come up when things needs replacement or repair.

Out of all the homes in the neighborhood, less than 3% are seriously behind on their dues. I have no idea how many people are 1 or 2 months behind. I'm sure there are probably some. My neighbor had a lien placed on her home when she wasn't even behind. Her checks had cleared, but they were credited to the wrong home apparently. She was more than a little upset. Eventually it was resolved, but that made for some embarrassing moments for her professionally.

I'm not sure what is going on with the association, but this is a brand new board with the exception of one or two members.

 

[The Mystery Machine]

OP, I am just wondering if your dues are really on the edge of not covering expenses? I could see that as a real possibility since the board is really going after the people past due.

 

[bicker]

I'm not sure what is going on with the association, but this is a brand new board with the exception of one or two members.

I always see something like as either an indicator of a really big mistake made by the unit-owners during a previous election (voting people in who really weren't trustworthy and/or responsible, and now replacing them with people who are), or that things happened that made volunteering no longer worth it to the people who had been doing it (in-fighting between people who truly don't like each other and/or have vastly different visions for the neighborhood within which they wish to live, or unreasonable expectations by unit-owners resulting in animosity or enmity within the neighborhood).

 

[turkeymama]

I always see something like as either an indicator of a really big mistake made by the unit-owners during a previous election (voting people in who really weren't trustworthy and/or responsible, and now replacing them with people who are), or that things happened that made volunteering no longer worth it to the people who had been doing it (in-fighting between people who truly don't like each other and/or have vastly different visions for the neighborhood within which they wish to live, or unreasonable expectations by unit-owners resulting in animosity or enmity within the neighborhood).

This is the impression I have been getting. Regardless, I'm glad we will be moving soon. There were accusations at one time that a member had a conflict of interests (and not trustworthy) due to his occupation, but the accusations never panned out. The accused person stepped aside, but the board constantly consulted with him about lots of things anyway. That made me think he must not have been as bad as they tried to make him seem. So yes, the board has been guilty of that sort of thing in the past.