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Old 03-19-2012, 02:13 PM
 
Location: Queens
102 posts, read 151,619 times
Reputation: 51

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What can an Homeowners Association do if one of the homeowners refuses to pay their annual dues?
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Old 03-19-2012, 02:14 PM
 
2,690 posts, read 3,132,624 times
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There is probably a clause in your HOA agreement that describes what legal action they can take.
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Old 03-19-2012, 03:34 PM
 
27,708 posts, read 21,724,248 times
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Often, they can put a lien on the property.
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Old 03-19-2012, 08:56 PM
 
6,460 posts, read 5,212,967 times
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At the least, they'll require the debt to be satisfied at closing if you sell the unit; they can do this without a formal lien, I believe.

At the most they can foreclose and sell the unit out from under you.
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Old 03-19-2012, 09:01 PM
 
Location: Staten Island, NY
3,823 posts, read 2,154,970 times
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There's no way out of it unless the homeowner can somehow show that the HOA neglected its duties to the unit.

I'm on the board of mine and we have about 10 out of 76 owners in some sort of judgement or arrears. Every case that has been taken to court was a quick win for the HOA with a lien placed on the home. That said, I hate living in an HOA and will never do it again.
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Old 03-19-2012, 10:23 PM
 
Location: Staten Island
387 posts, read 181,425 times
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I'm president of my HOA for the past 3 years & I see the same names on the delquient list month after month. They won't pay until we take legal action against them.

No surprise that the people on the list cause most of the problems in the development.
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Old 03-19-2012, 11:20 PM
 
Location: Pflugerville
2,213 posts, read 2,492,248 times
Reputation: 2175
I am waiting for the crazy anti-hoa lady to show up...

Until she gets here.

1) The HOA can, and probably definately will, deny you all use of common property located in the unit.
2) The HOA can, and probably will, make it impossible for you to resale your property either thru filing a lien or placing a debt on the unit which you must disclose to potential buyers (because they will be buying your debt)
3) The HOA maybe be able too, although they probably won't, force a foreclosure on your unit and force it's sale by auction or short sale in order to collect on their debt.

My questions to you are...

1) Why are you asking us this? Are you planning on not paying (or since it is March, have already not paid) your annual dues, and if so..
2) Why did you buy a unit with an HOA if you had a problem paying them dues, either financial problems or just on the principle of the matter?


There are a lot of HOA threads on City-Data, and she who must not be named will be here soon dispensing the crazy, but in almost all threads there is a homeowner who joined a homeowners association and now thinks dues are optional. Why? What happens when you decide not to pay your mortgage? Did you think the bank was just joking with you when they said "this much is due on the first of every month.." Why would an HOA be any different. What happens if you don't pay your cell phone bill, or your gas bill, or your electricity bill? What happens when you decide not to pay ANY of your bills? Why do you even need to ask what happens if you don't pay your HOA? The same thing that happens when you don't pay any bill....bad stuff dude.
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Old 03-20-2012, 08:55 AM
 
Location: Queens
102 posts, read 151,619 times
Reputation: 51
Quote:
Originally Posted by JayBrown80 View Post
I am waiting for the crazy anti-hoa lady to show up...

Until she gets here.

1) The HOA can, and probably definately will, deny you all use of common property located in the unit.
2) The HOA can, and probably will, make it impossible for you to resale your property either thru filing a lien or placing a debt on the unit which you must disclose to potential buyers (because they will be buying your debt)
3) The HOA maybe be able too, although they probably won't, force a foreclosure on your unit and force it's sale by auction or short sale in order to collect on their debt.

My questions to you are...

1) Why are you asking us this? Are you planning on not paying (or since it is March, have already not paid) your annual dues, and if so..
2) Why did you buy a unit with an HOA if you had a problem paying them dues, either financial problems or just on the principle of the matter?


There are a lot of HOA threads on City-Data, and she who must not be named will be here soon dispensing the crazy, but in almost all threads there is a homeowner who joined a homeowners association and now thinks dues are optional. Why? What happens when you decide not to pay your mortgage? Did you think the bank was just joking with you when they said "this much is due on the first of every month.." Why would an HOA be any different. What happens if you don't pay your cell phone bill, or your gas bill, or your electricity bill? What happens when you decide not to pay ANY of your bills? Why do you even need to ask what happens if you don't pay your HOA? The same thing that happens when you don't pay any bill....bad stuff dude.
You really have to stop assuming that everyone opening a thread is trying to get out of a payment, or trying to cheat the system.

I'm part of the HOA board we're having issues with trying to collect payments. Thanks for the info though.
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Old 03-20-2012, 08:56 AM
 
Location: Queens
102 posts, read 151,619 times
Reputation: 51
What's the best steps to take after the payment hasn't been received within the deadline?
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Old 03-20-2012, 09:07 AM
 
Location: Pflugerville
2,213 posts, read 2,492,248 times
Reputation: 2175
Quote:
Originally Posted by ny_queens_111 View Post
You really have to stop assuming that everyone opening a thread is trying to get out of a payment, or trying to cheat the system.

I'm part of the HOA board we're having issues with trying to collect payments. Thanks for the info though.
I didn't make any assumption at all. I asked a question. As you are newer to the New York City forums, you probably don't realize that almost ALL posts made by "tenants" or by people asking "What do I do if .....um...MY FRIEND...decides to stop paying rent" is from someone trying to weasel out of something. Get to be here a few years and assuming someone is lying will become your default setting too.

Basically, you are lucky I asked a question at all.

Quote:
Originally Posted by ny_queens_111 View Post
What's the best steps to take after the payment hasn't been received within the deadline?

No offense, but this is why people dislike HOAs. Because a board of fellow citizens has power and control over them, but the same board has no idea of the legalities of the power they wield. It's like if a cop didn't have to learn about miranda rights but all of a sudden he is in charge of arresting people.

You need to contact a lawyer. Your HOA should have a lawyer that they typically use, maybe even have on a small retainer. People not paying their HOA dues is a common occurence, and you not knowing how to deal with such a mundane issue is scary.

Call a lawyer. So weird that your HOA doesn't already have their procedures for non-payment in writing. Are you SURE you are on the board of the HOA? No one else on the board has dealt with this before? Something doesn't smell right here.
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