HELP!

I am new to my area and bought a condo where the HIA is responsible for the outside of my property including the roof and water (well water) Before I moved in they were aware of particular issues and agreed to fix these which included the roof being in poor repair as well as a flooding issue out front and some other minor repairs needed.

i have been here over six months and despite calling them, e mailing them and requesting maintenance on their website, these have not been fixed 

I have notified them I am not paying their fees until this is done, I now owe 4 months! Not heard a word from them! How do I stand legally? I don’t have a mortgage on the property ( I have the unpaid money in an account!j

 

help and advise please!  CJ

Original Post

We live in an HOA community in the southeast.  We have a mortgage. The HOA is responsible for sewer, water, lawn, and general maintenance.  We have done some pressure washing at our expense.  From my understanding as a owner in our community we can be foreclosed on if our HOA monthly payments are not made. Our state is not consumer friendly. Renters have more options I imagine.  I would write the HOA management team, and be aware you could be evicted for non payment of fees. I would consult an attorney, or legal aid office. 

Here is a link on a procedure suggesting what to do (in no way am I offering legal advice-I know I am not qualified to do so), in the meantime I would document everything and have proof readily available. This creates a clear pathway for both sides-you and the HOA. As it states, meet with the board and find out what is going on. Best to you:

https://www.nolo.com/legal-enc...-not-maintained.html

Generally, withholding owed payments gets you in hot water whether with an HOA, credit card company, mortgager, etc. Of course you're not going to hear from HOA now that you're withholding payments. They're probably biding time to put lien on your property and then when balance, fees, charges pile on, you'll wind up with a huge bill or no property. Seek legal counsel as soon as possible.

 

Thank you for your replies. As I own my property outright with no mortgage don’t understand how I could be foreclosed on?

 

thank you for the link. I have printed all the emails/messages I have sent them

i have also advised them over 9 times on their own website that I am withholding the fees due them breaking their contract with me - still no response!

i await to see what happens

CJ

 

I am the Vice President of my HOA and have lived in two different condominium developments where I served as a board member.   What you have described is complete negligence.  Is there a HOA board of directors that can be contacted to address these long overdue issues?  

Have you received any correspondence from the mgmt company addressing your HOA dues being in the arrears?  

How many units are in your community?   Is there evidence of disrepair on other buildings?

Have you met your neighbors and are they able to provide guidance as to the best way to proceed?   

Hopefully this is resolved soon and without too much additional time and aggravation for you!   

Good luck!  

While you may own your property outright - the unpaid HOA dues/fees can be attached as a lien and filed in court. Your property can then be taken through a legal process to pay the unpaid HOA dues/fees. Please seek legal counsel to learn the implications of your actions - or at least do more research on your situation. The HOA VP who replied had good info, too.

I would contact the better business bureau and file a complaint.  They will notify the HOA and I'm sure you will get their attention.  Good luck 

I would contact the better business bureau and file a complaint against the HOA. They will then contact the HOA and I'm sure you will get a response.  Make  sure you document everything you have done including people you have spoken to and their names along with the date and time you contacted them. Good luck 

I am not sure that HOA's are under the jurisdiction of the BBB, they are more of a organization based operation than a business.

I agree, document every step of the way.

Thank you t everyone who has responded.

i spoke with HOA today and voiced my concerns re no communication and that I will not be paying fees due to them breaking their contract etc.

they informed me that they will be, not just doing the work promised but replacing totally the roof before this Winter as well as fixing thoroughly the flooding issue. I told them if they fulfilled these tasks I would commence payments once work is started.

despite me repeating “not paying fees” they did not address it so I told them that I took their silence as confirmation they agreed to my action!

i await to see what happens!

That is impressive, you really stood your ground and I wish you well with this, hoping it not a not of lip service. Just curious, did they commit to anything in writing?

@redcatcec posted:

That is impressive, you really stood your ground and I wish you well with this, hoping it not a not of lip service. Just curious, did they commit to anything in writing?

I sent an email stating out conversation but I don’t expect any reply as they haven’t done so for the other 10 emails I’ve sent them!

we will wait....I am very patient but also determined!

@jcclark1976 posted:

Attending a HOA board meeting and repeating conversation puts it into the record.

They omitted to tell me when the last HOA meeting was so could not attend! They only have them yearly. I told them I knew they’d deliberately not invited me due to me wishing to make my grievances official!

everything is in writing to them and copies kept!

HOA doesn't seem like it can be very responsive to members if only holding annual meeting. That's quite the dysfunctional HOA set up and ripe for disenfranchising its members. It's another reminder to thoroughly review HOA separately when buying property where rules apply. 

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