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Old 09-29-2008, 02:51 PM
 
3 posts, read 7,699 times
Reputation: 10

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Please I hope someone can help me. I live in North County in a condo. My HOA is trying to get all owner's to fork out between $4400.00 and 2700.00 for new siding on all the bldgs in our subdivision. While some are garden apartments and some are 3-level townhomes. My fee they want from me will be $4000.00. The owners had a mtg w/ the board last week and they said the majority vote decides...so I'm hoping this doesn't pass. The association is asking the OWNERS for the money because they said they simply don't have it. How can that be, where are all our association dues going...I mean we have had this siding for 25 YEARS!

My question is since this 'siding project' has nothing to do with paying my monthly condo fees, if I didn't pay the 4000.00 to the association can they take legal action against me since this would not be trying to 'collect association fees'. This isn't a required monthly payment it's something they are trying to get us to pay for. I want to know if I can get in legal trouble by not paying this 4000.00? Like I said I know they can take legal action if I fail to pay my monthly association fees, but can they take legal action regarding this new matter? I pay my association dues monthly without question. Have never been late or missed a payment.

ANYONE'S help with this matter I truly appreciate your input.
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Old 09-30-2008, 10:53 AM
 
Location: Tower Grove East, St. Louis, MO
12,063 posts, read 31,621,105 times
Reputation: 3799
^^ Yes you get in trouble, they'll report you to credit agencies. It's very important to understand HOAs before buying into one. It's very common to have these special assessments from time to time. Your monthly fee goes towards maintenance, not major repairs.

That being said, this does not mean that money isn't being mishandled. Very often it it. That's a very good reason to get involved in the HOA board yourself.
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Old 10-15-2008, 06:51 AM
 
3 posts, read 7,699 times
Reputation: 10
Thank you so much for your reply.
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Old 10-16-2008, 11:32 AM
 
1 posts, read 2,546 times
Reputation: 10
Default HOA answer

Hello. I am an Association Manager and thought maybe I could help you out in this situation. The board member that you spoke with is correct. You, as a homeowner votes the board in and then they are supposed to make decisions on your behalf. Of course you will not always agree with these decisions. You will have to pay the special assesment, if you choose to ignore the charges the board (depending on your bylaws) can charge lates fees, send the account to a collection attorney, place a lien on your property, garnish wages, or possibly even foreclose. This is a fight you will loose. You may however want to discuss with the trustees if they would be allow you to make payments. This is really your only option. The bylaws and declarations are the law at your property and it is imparative that you review these before closing. Most people do not and they get into this type of situation. Is your board self managed or do you have a Community Association Manager? If you do have a manager call them. It is there job to try to help you out. The board doesn't want to take legal action any more than you do.

Let me know if I can assist you again.
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Old 10-30-2008, 10:27 AM
 
3 posts, read 7,699 times
Reputation: 10
Thank you for your response. I may get in touch with you again if needed. The vote is still not final yet on the siding project. I will know the verdict in November. Thanks.



Quote:
Originally Posted by Associationmanager View Post
Hello. I am an Association Manager and thought maybe I could help you out in this situation. The board member that you spoke with is correct. You, as a homeowner votes the board in and then they are supposed to make decisions on your behalf. Of course you will not always agree with these decisions. You will have to pay the special assesment, if you choose to ignore the charges the board (depending on your bylaws) can charge lates fees, send the account to a collection attorney, place a lien on your property, garnish wages, or possibly even foreclose. This is a fight you will loose. You may however want to discuss with the trustees if they would be allow you to make payments. This is really your only option. The bylaws and declarations are the law at your property and it is imparative that you review these before closing. Most people do not and they get into this type of situation. Is your board self managed or do you have a Community Association Manager? If you do have a manager call them. It is there job to try to help you out. The board doesn't want to take legal action any more than you do.

Let me know if I can assist you again.
Reply With Quote Quick reply to this message
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