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How to handle POA that claims not enough money to uphold the covenants, yet we continue to pay dues?

Been a homeowner for 6 years. Always paid my dues and maintained my home. Yet, because POA states so many other homes are in foreclosure, or have uncaring renters, the community suffers. I don't want a lien placed on my home, and yet, it is completely unfair to continue to pay quarterly assessments for nothing. Houses and yards are not maintained, cars park on the street constantly, dog waste is not picked up off sidewalks or neighbor yards. I've even suggested raising the fees if they need to, but they won't since basically so many are not paying anyway. Very upsetting :-(
  • May 09 2012 - Bluffton
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Answers (4)

I think that if you stop paying the dues, you will make the problem of not having enough money even worse.

The Board of Directors needs to be proactive and, as Dan says, begin foreclosure proceedings on anyone who is more than a couple of months delinquent on their dues. Usually, an HOA is only able to place a lien for six months' delinquencies, so you want to get started on this ASAP.

The Board might also consider a special assessment to hire an attorney to ensure that you can maximize the amount owed to you by delinquent homeowners.

All the best,
  • May 09 2012
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Ask why the HOA is not foreclosing on non-paying residences.
  • May 09 2012
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Thank you Derek. I was actually on the Board last year. Couldn't take it! Too many complaints (and I am part of it I know :-)). I will look into your other suggestions. Thanks for taking the time to respond!
  • May 09 2012
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You may try putting your money into an escrow account. Send the association a letter explaining that once the most basic needs are being met then your funds would be released.This way you are paying your fees. Ask to see where your fees are going , an itemized summary. I would believe you have a right. Count the number of forclosed property to occupied and see what the ratio is. Do some calculations. I would imagine every violation above would constitute a fine or penalty. Talk to a real estate attorney to see your recourse or run for head of the association and enforce change.
  • May 09 2012
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