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Old 07-10-2009, 01:57 PM
 
1 posts, read 3,870 times
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HI im the treasurer of a very new HOA. We have zero experience in how to manage the afairs of the HOA. Some of the members refuse to pay the HOA dues regardless that they sign a legal document. Since I am new at this I need information about the first step to take this people to courth. Any information will be highly apreciated
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Old 07-10-2009, 02:07 PM
 
Location: Hutto, Tx
8,642 posts, read 16,483,917 times
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I'm pretty sure that your HOA needs an attorney, but do you also have a management company as sort of an overseer?
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Old 07-10-2009, 02:11 PM
 
291 posts, read 445,219 times
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If it were me, I'd hire a property management company to handle it for you - it depersonalizes it when they put lien on someone's house, otherwise the irresponsible homeowner may just blame you for volunteering to represent your community's interest. People often times put more effort into going after those who they feel wronged them than taking care of thier own responsibilities they signed up for.
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Old 07-10-2009, 02:15 PM
 
487 posts, read 802,419 times
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I would suggest maybe calling a couple of other HOA treasurers and presidents in the same general area to see how they have things set up. And I'm not a lawyer (but I am a dues-paying HOA member), but I would think it is practically mandatory that you get a lawyer/management company onboard.

(Also, it's extremely likely that very soon there will be a poster here who will try to hijack the thread by posting many long, involved messages about the evils of HOAs. It would probably be best for your specific situation and needs to ignore her.)

Good luck!
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Old 07-10-2009, 02:34 PM
 
Location: Dripping Springs , TX
786 posts, read 1,765,094 times
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I'm curious. How did this HOA come into being? Most new HOAs that are formed as part of a new development are controlled by the developer until the majority of the houses are sold. As such, the developer usually has people on board who know all this stuff. They could be a source of information for you.

Is this an HOA newly formed within an existing neighborhood? If so, what services is the HOA providing that justifies collecting the dues?

The reason I am asking is that our HOA is more of a "social club" and a lot of the owners consider it to be voluntary and do not pay dues even though the area deeds and restrictions seem to imply that membership is mandatory. It has net been worth it to push the matter because that would mean incurring legal and court fees. Also, we're only talking $35 per year in dues.
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Old 07-10-2009, 02:57 PM
 
Location: Great State of Texas
75,652 posts, read 36,841,424 times
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Quote:
Originally Posted by Carmen Huerta View Post
HI im the treasurer of a very new HOA. We have zero experience in how to manage the afairs of the HOA. Some of the members refuse to pay the HOA dues regardless that they sign a legal document. Since I am new at this I need information about the first step to take this people to courth. Any information will be highly apreciated
First thing is get an attorney for the HOA and talk to him/her.
One option is to put a lien on the property for unpaid dues. You won't collect them though until the property sells.
The last home that sold in my subdivision though the paralegal called to verify that HOA dues were up to date on the property. Maybe some new law ?
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Old 07-10-2009, 03:06 PM
 
3,159 posts, read 3,485,145 times
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Where is Icedelight anyways? Haven't heard from them in some time. Disclaimer: I'm not a stalker. I have always liked their posts though. Lastly, no one has to come here and speak of the evils of HOA's Paulmmm, they speak for themselves.

Last edited by oldtoiletsmkgdflrpots; 07-10-2009 at 03:26 PM..
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Old 07-10-2009, 03:24 PM
 
487 posts, read 802,419 times
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Quote:
Originally Posted by oldtoiletsmkgdflrpots View Post
Where is Icedelight anyways? Haven't heard from them in some time? Disclaimer: I'm not a stalker. I have always liked their posts though. Lastly, no one has to come here and speak of the evils of HOA's Paulmmm, they speak for themselves.
Perhaps, perhaps not. My point was simply to try to help the Original Poster with her problem by offering some advice - one part of which was that it would probably be a good idea to ignore that poster because what she would no doubt post wouldn't help the specific situation the OP asked for help about. Since I've given the OP what advice I could, I'll bow out of the discussion now in the hope that it doesn't turn into an "HOAs are evil" thread, and instead continues on as one that will be helpful in answering the OP's question. Happy weekend, everyone.
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Old 07-10-2009, 03:36 PM
 
Location: Austin, TX
14,564 posts, read 21,362,665 times
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I do find this OP a little odd. The very idea of an HOA being formed that doesn't understand how to deal with this very basic issue is a little scary.

HOA's are an unfortunate necessity if you want to live in a neighborhood that his its own recreation facilities, parks, landscaped entrances and boulevards. There has to be a HOA to take responsibility for maintaining those amenities and paying for their utilities. In order to do so they have to collect fees. The City won't even approve a subdivision for development if it has any subdivision entrances or landscaping in the ROW, unless there is a HOA designated as responsible for mowing, edging, maintaining and paying for landscape sprinkler systems, water and electricity.

If you want to build a new house in a subdivision that doesn't have any of that "stuff" its getting harder and harder to find one. Since HOA's and the problems associated with them are becoming more and more common, I think we need more laws in place to control them and ensure fair treatment of all property owners.

That said, I have no sympathy for anyone who buys a home in an area with a HOA and fails to shoulder their share of the cost. I understand that HOA's have forced homes into foreclosure in some places because the owners refused to pay the fee's. I can't imagine anyone stupid enough to be willing to loose their homes over payment of the HOA fee's, but apparently they do exist.
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Old 07-10-2009, 06:08 PM
 
Location: Driftwood TX
390 posts, read 1,058,703 times
Reputation: 119
We really need the ICEDelight here..

The idea that a lien or even foreclosure could be placed on a person's home by people in an HOA who
---->"have zero experience in how to manage the afairs of the HOA" ---> is pretty scary actually .

That said if you bought into it and arent paying the dues thats a pretty poor showing as well.
I bet there's more to it than this.
Cheers
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