Is My HOA operating within the law? (Mesa: renters, condominiums)

[debra hamila]

Closed in late May 2006, 410.00 to assoc....no billing, notices, meetings or accounting since...today we get a letter saying we are in default for 1400.00...we know we owe 134.00 x 12....bbut what is the Hoa's exposure??

Mike
602-403-9467

[michael krotchie]

Well, if you were aware of the charges you probably don't have much ground to stand on. Unfortunately for you the association seems to have dropped the ball in the billing department (as you mentioned), your bet best might be to try to work out a payment plan so its not such a painful blow financially. What did they say when you talked to them?

[heatheryork]

They usually bill to the address on your HUD statement. It is important to make sure that is correct when you go to closing.

[debra hamila]

update, on last post. Now we have been trying to negotiate and then heard nothing from the HOA. Recently got a judgement and a fake announcement that they were going to turn off the water for maintenance in the condo. THey turned off our water, and we have tenants. They said we need to bring 1000 to turn on the water and we did. Then 2500 by the next week or they are turning it off again. In the mean time, the person who thinks? we don't know is the president of the HOA is screaming at one of our tenants because we had a plumber there to fix toliet, etc. She was scared and called the police. The plumber got between them because he felt the girl was in danger. We understand we owe the money, and we agreed to pay, but not 100% over the original fees. We asked for any accounting of the fees and were denied. So we hired a lawyer to talk to their lawyer, to negotiate a deal and they refuse. Is it legal to turn off the water to a unit that has tenants in it? (the police says no) and can the HOA/lawyer not negotiate. They have never had any meeting s as far as we knowAnd never sent us anything until recently. PLEASE HELP!!!!!!!! I thought this was America not Russia.

[Bummer]

Originally Posted by michael krotchie

Well, if you were aware of the charges you probably don't have much ground to stand on. Unfortunately for you the association seems to have dropped the ball in the billing department (as you mentioned), your bet best might be to try to work out a payment plan so its not such a painful blow financially. What did they say when you talked to them?

Just out of curiosity, Michael . . . is an HOA required to send bills or statements?

In my case, my HOA dues are based on an annual fee with 12 monthly payments allowed but not required. I only receive an annual statement showing payments made and whatever balance is due.

Bottom line, I believe there is no legal requirement for the HOA to either bill or send statements as the fees are clearly defined at closing.

[debra hamila]

I don't know, never defined

[Circle Tree Condominium]

I live at Circle Tree Condominiums at 461 W. Holmes Ave Mesa, AZ. This may sound funny but all of us love our HOA. Most of us are glad we live in a community where there are Rules that prevent our property value from declining due to slum lords and owners neglecting their property. This HOA has a Rules, Grievance and Security Committee made up of residence that police the area and cite home owners with a kind warning at first. Its nice to know that the neighbors are watching along with the HOA. Community involvement like this where owners and renters work side by side with the HOA makes for a great community. These guys are sharp don’t fight with the owners enlist them to work with and for you.

[mdtoaz]

Originally Posted by debra hamila

I don't know, never defined

That seems weird. I know when we settled on our house here and our last house in Maryland, both were very specific about the HOA dues/fees, what services were covered by the HOA and when payments were to be made - in both cases they are billed -and paid- quarterly.

With both HOA's we received the bylaws that are pretty lengthy and detailed. I'm sure if you've received something like that, their accounting practices should be listed. I'm not sure if they're acting legally, but it seems they're acting unethically - for whatever that's worth.

[ZonyPony]

Originally Posted by Circle Tree Condominium

I live at Circle Tree Condominiums at 461 W. Holmes Ave Mesa, AZ. This may sound funny but all of us love our HOA. Most of us are glad we live in a community where there are Rules that prevent our property value from declining due to slum lords and owners neglecting their property. This HOA has a Rules, Grievance and Security Committee made up of residence that police the area and cite home owners with a kind warning at first. Its nice to know that the neighbors are watching along with the HOA. Community involvement like this where owners and renters work side by side with the HOA makes for a great community. These guys are sharp don’t fight with the owners enlist them to work with and for you.

That's the way these HOA's SHOULD work! For example, many 55-and-glad-to-be-ALIVE communities have always worked smoothly because of the overall community involvement.

[Bummer]

Originally Posted by ZonyPony

That's the way these HOA's SHOULD work! For example, many 55-and-glad-to-be-ALIVE communities have always worked smoothly because of the overall community involvement.

Great point, Zony.

If more homeowners would only consider and treat the HOA as a friend instead of an enemy . . .

Since buying here over ten years ago, I have tried to attend as many meetings as possible and I can honestly say I have benefitted tremendously.

Bottom line . . . QUIT BITCHING AND GET INVOLVED. The meetings rarely require more than a couple of hours each month and the rewards are endless.