HOA Help needed (Charlotte: real estate, condominiums, lawyer)
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I have been elected president of our HOA which is not an association really. We are considered a subdivision. The subdivision was developed in 1988 with bylaws. The problem is we have is past due homeowner fees. They are only $20 a month which pays for $10 to road maintenance acct. and $10 for the upkeep of the community well. From what I have been reading, Chapter 47A was passed in 1998. I am wondering since our bylaws were developed before that, is there any way to make past due homeowners liable for their dues. Is their a protocol we need to follow? We have sent out overdue invoices with no response. We asked for homeowners who are in a predicament to contact us as we understand things happen. I don't believe we can cut off their water legally. One homeowner who is $500 passed due hasn't responded. Since this is a voluntary board, we don't like the idea of confronting them face-to-face. I am thinking a dunning letter may be our next step. Then what??? I would appreciate any response. Thank you.
It all depends on your by-laws as to what you can do legally. The last HOA we were part of allowed for liens to be placed on homes if the homeowner was x number of months past due. There were steps that had to be taken first... notices, etc. Of course with a lien, you won't usually collect until the home is sold. If the by-laws were prepared thoroughly, it should be spelled out.
I agree with the above advice... you need to consult an experienced real estate attorney.
A lot of people don't pay attention to any mail unless it looks like a bill or handwritten greeting card. Even many bills are paid without the physical bill coming in the mail. Some nice online greeting cards too.
You can hire a company to call them and go door to door nicely to, for one thing, update your info. It may be most of your phone numbers are out of date too.
Is your community incorporated? Do you have articles of incorporation?
I see one can "sign up" to be part of this Act.
I also notice that several, if not all, these laws have much older dates ...'63 and '83 I think. So those would be in effect during the time you're talking about and just updated as the time went by.
CAI could help...they have a "college of lawyers".
Do you have an ombudsman to administer your Act?
That could be a start but you do need an attorney to actually set you up and get you going. And, because of your financial situation, you need an attorney who is excellent in HOA law to instruct you in what you can and can't do. In a sense, clean house.
I know some in your situation. These days, it's a good idea to get all the info even if you are a sub-division with a very small amount of common interests. (Although road maintenance by now could be a large thing.)
You'll need to see if you should have a regular reseve study on what needs to be done on the common elements now and in the future, and know what needs to be saved up for.
You'll need an attorney to tell you what's allowed in order for your community to get back in line financailly with where it's supposed to be.
Current law is NCGS 47F. Send letter to each owner with bill attached, give them 15 days. If no response another letter explaining the next action, again giving 15 days.
If no action then you as Pres. can file a Lien. The lien can then lead to a judgement on the property owner if your Assoc. wishes to go that route.
Read 47F as it will give you direction. Last option is to get a lawyer involved as people have a tendency to get their backs up.
.... Chapter 47A was passed in 1998. I am wondering since our bylaws were developed before that, is there any way to make past due homeowners liable for their dues. Is their a protocol we need to follow?.....
That statute, if I remember correctly, has a provision in it for how it applies to HOAs formed before it became law. You should look for it.
I have been elected president of our HOA which is not an association really. We are considered a subdivision. The subdivision was developed in 1988 with bylaws. The problem is we have is past due homeowner fees. They are only $20 a month which pays for $10 to road maintenance acct. and $10 for the upkeep of the community well. From what I have been reading, Chapter 47A was passed in 1998. I am wondering since our bylaws were developed before that, is there any way to make past due homeowners liable for their dues. Is their a protocol we need to follow? We have sent out overdue invoices with no response. We asked for homeowners who are in a predicament to contact us as we understand things happen. I don't believe we can cut off their water legally. One homeowner who is $500 passed due hasn't responded. Since this is a voluntary board, we don't like the idea of confronting them face-to-face. I am thinking a dunning letter may be our next step. Then what??? I would appreciate any response. Thank you.
What does that mean? If dues are collected and a declaration as well as by-laws exist you are a HOA. You really need legal advice in these type situations. Another poster mentioned CAI, this is a great resource and I have attended a couple of their seminars.
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