HOA out of money question

[cully]

Originally Posted by Silent1900

I am far from an expert in these matters, but here is a couple of thoughts that have crossed my mind on the subject...

Hold your management company's feet to the fire. Part of what they are getting paid to do is collect HOA dues. They don't just get to merrily open a mailbox full of envelopes when times are good, and then throw their hands up helplessly when times are bad. I would threaten to pursue legal action against THEM if they try to shirk responsibility for the collection of the unpaid dues.

Secondly, never forget that every month's worth of dues are legally owed by SOMEONE. Whoever's name was listed as owner in any given month has incurred that debt and needs to be forced to pay. Liens being placed as quickly as possible is a good way to make sure that happens, as that way a property must be made current on dues any time it changes hands.

If you have an owner who continues to reside in a property and not pay their dues, I would think that rather than start the foreclosure process the Association might be better off taking them to small claims court. No lawyer costs to be had.

Corporations always need to be represented by an attorney. The idea being a corporation is a thing, not a being.

[happytrails6]

I heard from a neighbor in our community that two neighbors have not paid HOA fees for over a year, yet they are happily living there and no for sale signs. Do the rest of us have to pick up the cost? I'm hoping a lein has been put against them, but then what?

[totsuka]

Protect yourself and seek legal advice. I would think if you can get the HOA disbanded that would be the best course of action.

[annerk]

Originally Posted by totsuka

Protect yourself and seek legal advice. I would think if you can get the HOA disbanded that would be the best course of action.

You can't disband a HOA. It's a legal entity set forth by a series of documents, including the deed.

[totsuka]

Yes, it can be disbanded, but it will require legal assistance.

Chapter 617 Florida Statutes provides for voluntary and involuntary dissolution.

Voluntary Dissolution
Section 617.1402 Florida Statutes explains the procedures for voluntary dissolution. Voluntary dissolution requires the vote of a majority of members, but only if the members are authorized to vote on dissolution. If members are not authorized to vote on dissolution, dissolution may be effected by a majority vote of directors.

[GHOSTRIDER AZ]

My HOA Principles left town with the cash in hand. What we had to do was pay extra to keep the lights on until the revue flowed once more.

So Sad!