Civil Action

[TulsaMoon]

Its been sometime since I posted on the site, but I continue to read most days the posts and arguments made here. I do enjoy reading both sides of the issues, though some of you really make my lip curl.... But I have an issue and I would like some advice here from those that I know are lawyers, or have an idea please.

I received a letter from my HOA about a meeting to take place in the next month. It explained that many folks in the HOA have not paid dues in many years and as a result they will be raising the HOA dues to cover for those lost funds, as well as taking many benefits away such as flowers at our entrance, Christmas lighting and much more. Liens have been placed against those that owe already, but unless they decide to sell and leave we might not ever recoup those funds for years. So here is my question.

Can we the paying group, file a civil suit against those home owners refusing to pay HOA fees? They are financially harming not only me but those that have paid dues as required. If anyone has another idea please speak up. Yes I know many people do not like HOA's, but everyone knew when moving into this neighborhood that an HOA was in place and agreed to having an HOA, at least I did when I signed all my mortgage paperwork. So any constructive comments are welcome.

Thanks all for your comments and help.

[dbacksfan 2.0]

Do what the one I used to be part of did, get an attorney, take them to court for repayment or garnish their income for unpaid dues, court fees, and attorney fees. Got sued by mine and they wanted, and got, $3200.00 for $250.00 in unpaid dues.

[guido911]

This is one of my favorite little statutes.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=86150

[TulsaMoon]

This is one of my favorite little statutes.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=86150

Guido is not a fan of HOA, or so it seems and I understand that, I really do because I am not either. But I did agree to being in a neighborhood that has an HOA and I will honor my agreement. None of those cases addressed my question, at least that I could see and understand. Yes, just an Engineer here, not a Lawyer.

Thank you Dback for your thoughts. My intention is to seek advice from an attorney about this, but thought maybe someone could steer me in the right direction, or even if its a viable option. Taking someone to court is not what I want to do, but having my pocket book hit and my benefits diminished really upsets me. Those here know of the correct or best attorneys to contact, maybe someone can point me to the right one that will listen to my issue.

[guido911]

Guido is not a fan of HOA, or so it seems and I understand that, ....My intention is to seek advice from an attorney about this, but thought maybe someone could steer me in the right direction, or even if its a viable option.

You should do that. What do I know anyway....

[TulsaMoon]

You should do that. What do I know anyway....

Thank you Guido,

[guido911]

Thank you Guido,

You really do not get it; do you?

[swake]

Guido is an attorney and he posted a link to the relevant statute:

Any person owning property in a real estate development shall be entitled to bring action against any other person owning property in such development to enforce any of the restrictions or covenants of the real estate development which are specified by the covenants or restrictions. In any action to enforce any restriction or covenant pursuant to the provisions of this section, the prevailing party shall be entitled to recover reasonable attorney's fees to be fixed by the court, which shall be taxed as costs in the action.

[RecycleMichael]

If I was going to sue my neighbor, I would hire any attorney named Guido.

The name alone should give you an edge.

[TulsaMoon]

You really do not get it; do you?

Ok, so I don't get it. I understand I can file a case to enforce the restrictions or covenants against a neighbor, does that include the paying of the HOA fees though?

[Ibanez]

HOA's....lol...poor saps that have to deal with them.

[swake]

Ok, so I don't get it. I understand I can file a case to enforce the restrictions or covenants against a neighbor, does that include the paying of the HOA fees though?

Do the covenants state that there is a HOA fee?

[TulsaMoon]

Do the covenants state that there is a HOA fee?

If only I could answer that question. This HOA has been very difficult to even contact. The only communication I have ever had is from a management company sending me a bill, and now this latest letter explaining the increase in dues and why. No contact information other than an address to send payments to this management company, not even a name for them. The letter also explained they plan to remove this company and take it back in house with a board of directors. I have yet to receive any form of restrictions or covenants for this neighborhood. The dues truly are not much at all, but the increase will almost double them. I think my option right now is to attend the meeting as planned at the end of the month and receive the information about the HOA. In hindsight I should have requested these at the closing 2 years ago on my home.

[heironymouspasparagus]

Guido is not a fan of HOA, or so it seems and I understand that, I really do because I am not either. But I did agree to being in a neighborhood that has an HOA and I will honor my agreement. None of those cases addressed my question, at least that I could see and understand. Yes, just an Engineer here, not a Lawyer.

Couple of things....guido is probably one of the most "HOA'd" of us on this place - I suspect if he didn't like them he wouldn't live the lifestyle he has obliquely alluded to.  And he is a lawyer.  And that statute he linked to answered your question directly and completely.  Read it.


To summarize - yes.  Sue 'em!

[heironymouspasparagus]

I think my option right now is to attend the meeting as planned at the end of the month and receive the information about the HOA. In hindsight I should have requested these at the closing 2 years ago on my home.

And just to stay in character - I gotta ask - what kind of engineer are you?