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I am behind on my HOA dues for about 6500 dollars (6 months). I have a tenant that just moved in, but the HOA is denying them a permit to park on premises and access to their FOB. HOA is stating that.... if any unit is behind 30 days on their Dues, then they will not be able to park on property, nor can the tenants, owners, or guest.
I am willing to have my tenants sign and addendum, that will allow my tenants to pay the rent directly to HOA, in which they will be paying 400 dollars over what the association dues are. That will allow us to become current in a matter of time. To me this makes sense, but the HOA continues to deny it, and said it might be best for the tenants to move out.
My question:
It is legal for the HOA to deny parking to the homeowner or tenant if the unit is 30 days over due?
It's legal if it was part of the HOA documents(rules & regulations, etc.) that you agreed to when you bought the property or if legal Board action was taken after you bought the property to impose this penalty.
When an owner does not pay the required assessment, it puts an enormous burden on the entire HOA. It is not unusual for an HOA to withhold privledges from owners who are delinquent in paying the assessments. There are often consequences when we do not abide by rules in HOAs and in life.
Perhaps you can reason with and persuade your HOA that renting the unit out gives the HOA the best shot of being paid going forward as well as getting current. If they deny privledges, it impacts your ability to rent it out and therefore the HOA'sr ability to get paid. It's a win-win for everyone. Best of luck to you.
As a general statement, yes. If your governing documents allow it and nothing in state law prohibits it ... they can do it.
Since you are so far behind in your dues and not owner occupied it's actually odd that they hav not placed your unit in "receivership". That's a legal collection allowed by a court that basically allows a receiver (a person appointed by the court) to take over operation of your unit. The receiver would lease, collect rent and make payments to pay off debit.
Another option your HOA has is to foreclose on your unit.
Options for you might be to try to refinance, if possible. So you can pay off the debit.
At the very least I suggest you try to come to a formal agreement with the HOA before things get any worse. Contact the mgt and/or board of directors ASAP and try to schedule a sit down.
Best wishes.
Wow! Thank you for all your help everyone!!! I am in the process to negotiate payments to the HOA, but it seems like they are not responding well. I agree that this is a win win situation if they agree to the payment plan.
Many folks don't like HOA's but they are really protecting you. Can you imagine if 1/2 the residents decided not to pay, Buildings & neighborhoods would deteriorate rapidly.
In the areas I service the well maintained property values have strong HOA's.
You live in an area that has a HOA fee of over 1000 a month? 6 months =6500? Thats crazy!
Same thing I was thinking...maybe a slipped digit? I barely pay $1000 a month for PITI and all utilities combined.
However, I could see $650 in 6 months if it was a townhouse or condo complex. Since the HOA is issuing parking permits, I assume that is the case.
Edit* Upon rereading, if the tenant is paying the full rent, which is the amount of the HOA dues plus $400 each month directly to the HOA and it is going to take some time to get caught up, that leads me to think the $6500 must be accurate. That's crazy.
If you owe them $6500 you are lucky it has not gone further. If I was your tenant and found out about this after I signed the lease, I would be outraged. You are lucky both of them are not suing you.
Good luck.
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