Question:
We have an HOA of 6 property owners. We recently had an election of new board members and they had a board meeting where they voted to waive one owner of their $5800 delinquent member assessments and another member( who is the treasurer) $240 of an unpaid assessment to further the harmony of our HOA. Our HOA bylaws read that no member has a right to with hold an assessment for any reason. But the board is saying it is a closed subject and they voted. Then they want to increase the members dues from $600-$800 annually because we are currently experiencing an annual deficit with our debt to revenue ratio. What are the other members option? Take them to circuit court for medication?
– Lawrence
Answer:
Hi Lawrence,
The board has a fiduciary duty to act in the community’s best interest, and that includes the collection of assessments from homeowners. However, there are instances wherein boards forgive the interest, late charges, and attorney’s fees of homeowners. You may talk to the board about this to understand the details of the whole scenario and raise your concerns. If the board is uncooperative or irresponsible, you may use third-party mediation or arbitration services to come to an agreement. You may also opt to remove the problem board member(s) through the procedure outlined in the governing documents. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
