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Part of being a responsible adult is paying one's bills. You didn't remember to include in or save part of the rent received to put towards your HOA bill when you paid the mortgage every month? You have to realize us posters are not being rude to you, we just are not sympathetic to a homeowner in an HOA that does not pay their mandatory dues like the rest of us. Lesson learned?
Most HOA's try to send delinquent notices and warnings before taking action, but, they are not obligated to do so.
As someone who is working on obtaining a CAM (Community Association Management) designation, I assure everyone that it may not by required, but it is certainly within their right to fine, charge attorney fees and interest in the state of Florida, but it might be different elsewhere. All HOA members should assume that such fees/fines are to be expected on late payments. Too late for the OP. Sorry, but those are the facts as I understand it.
As far as rudeness, I think it's rude to fall months behind on your HOA dues when your neighbors are paying on time. The Association still had monthly bills to pay and you could have put them in a bind! They need dues from each property, since each property is incurring collective expenses whether you live there or not.
The individual properties are not "incurring collective expenses". The individual property owners have zero say in the HOA corporation's spending.
The HOA corporation is running up expenses with everyone else's homes as security for the HOA's spending. D&O insurance for HOA directors is just one example of an HOA expense that benefits the board members, not the homeowners.
Rude is expecting the Homeowner's Association to pay for the legal fees they incurred due to your non payment.
No one is being rude, just shocked that the OP expects to be absolved from responsibility.
If you don't pay the legal fees the rest of the homeowners would have to in the form of higher HOA dues next year. That seems rude to me.
How can you forget to pay your HOA dues?
When I bought my home 5 years ago the seller had to pay back HOA dues and fees before we could complete the closing. When this was brought up at the closing both the husband and wife objected to paying the dues, saying that they shouldn't have to pay because they were planning to sell the house! Finally the amount of dues and expenses was added to the seller's side of the closing statement and the amount was deducted from their proceeds.
If you don't pay the legal fees the rest of the homeowners would have to in the form of higher HOA dues next year. That seems rude to me.
How can you forget to pay your HOA dues?
When I bought my home 5 years ago the seller had to pay back HOA dues and fees before we could complete the closing. When this was brought up at the closing both the husband and wife objected to paying the dues, saying that they shouldn't have to pay because they were planning to sell the house! Finally the amount of dues and expenses was added to the seller's side of the closing statement and the amount was deducted from their proceeds.
I wonder if they'd try that with other legal commitments they made?
The individual properties are not "incurring collective expenses". The individual property owners have zero say in the HOA corporation's spending.
The HOA corporation is running up expenses with everyone else's homes as security for the HOA's spending. D&O insurance for HOA directors is just one example of an HOA expense that benefits the board members, not the homeowners.
Incorrect on several points:
1) Individual owners DO have "say" in HOA spending. They elect representatives to the board, and can run for HOA office themselves. The HOA is composed of property owners. That's why it's called a "Homeowner's Association"
2) The HOA does not use other people's homes "as security" (!), they should be spending from dues and savings (called 'reserves'). They certainly can't place mortgages on other people's homes.
3) D & O insurance DOES benefit homeowners, since it insures against a dishonest board member embezzling homeowners' reserves. It also protects against certain types of fraud. Do you think insurance has no benefits?
4) Finally, yes - the individual units do cause some expenses incurred by the HOAs. Many HOAs shovel around units, landscape around units, resurface assigned parking spots, clean stairwells, pay some utilities, pay for garbage collection, maintain mail box areas, etc. My HOA even pays the electricity for outside lighting at the front of each individual unit.
Just what do you think HOAs are, and on what do you think they spend dues?
The individual properties are not "incurring collective expenses". The individual property owners have zero say in the HOA corporation's spending.
The HOA corporation is running up expenses with everyone else's homes as security for the HOA's spending. D&O insurance for HOA directors is just one example of an HOA expense that benefits the board members, not the homeowners.
Contrary to some other posts, your interpretation is what our experience has been with our HOA. My husband is a former BOD and it is only another layer of taxation to make the lawyers rich and give the BOD money to spend on their units or their agenda regardless of what homeowners want. The HOA contract is prepared with the Mgt. companies lawyers and approved by the BOD with no legal representation so the unknowing homeowner is really on the hook.
The OP might also want to consider what will happen if he tenant demages the property or causes another problem, such as hanging the wrong color curtains, the BOD will also be after him. It would really be best to sell and get out of the HOA. An HOA is not a good deal as they could force a forcloser on an individual faster than a bank so if OP misses more payments, it could get ugly.
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