Problems with Associa HOA

[MichaelL]

I heard back from Associa

The Associa rep says that the builder still owns this one section of the property and that they are trying to work out the transfer to the HOA. The entire development is 95 units and was built in phases. I walked around the entire property and the landscaping is in much worse condition near to me. Some parts look okay. The Associa rep says that they are trying get the builder to clean up the area before they take it over and that they don't have a contract with the landscaper for this part of the property. It looks like the builder is at fault here. We will see what happens at the HOA meeting.

 

[TriumphTR3fan]

There is often an upfront cost to collect past HOA dues. Laws differ around the country but in my state those costs can be recovered from the delinquent owners as part of the collection process. Added to the dues are late fees & fines which skyrocket the amount owed. Once owners realize the price of avoiding payment, they usually pay quickly. Liens on the property can prevent resale & lower the selling price. Our HOA lawyers do our collections. There are few late payers & even less that repeat that mistake.

 

[COcheesehead]

The Associa rep says that the builder still owns this one section of the property and that they are trying to work out the transfer to the HOA. The entire development is 95 units and was built in phases. I walked around the entire property and the landscaping is in much worse condition near to me. Some parts look okay. The Associa rep says that they are trying get the builder to clean up the area before they take it over and that they don't have a contract with the landscaper for this part of the property. It looks like the builder is at fault here. We will see what happens at the HOA meeting.

There is a whole other set of rules, at least in the state I live in, for builder owner property. They have a longer leash. Until the common areas are turned over to the HOA, you may have a struggle.

 

[IMATERP]

Our HOA is managed by Associa, as well. They are more about event planning and vendor contacting, as opposed to actual management. Associa has been on site for almost 6 years and they send out letters based on the builders (and shadow board comments.). To date, not one cent has been collected in fines for not abiding by the covenants. We will be transitioning from the builder to a REAL board next month as 1265 units have been sold and the builder is scheduled to depart. By the way, Associa only pays our landscaping vendor. Residents are instructed to contact the landscaping company if an issue arises. By the way, our covenants are extremely restrictive.

 

[eytonxav]

If the HOA is relatively new and board is controlled by a developer/builder. It is best to form a group of like minded proactive residents that can lobby the board. I would also request copies of all of the HOA's governing documents including Bylaws, Charter, and CCRs and that will give you more insight as to when a true homeowner controlled board can be installed. The docs should also contain information on how a board member can be removed. The tough part is the developer/builder usually possesses the majority share of voting power until a certain number of units are sold. Good luck, it can be quite frustrating, but doing nothing and staying quiet is not the answer. I was a major PITA in our neighborhood until I saw results and eventually became the HOA president. It is a thankless job and almost like working, but someone has to do it.

 

[Ronstar]

I had numerous problems with our condo HOA management company. Too many to list without bringing down the internet.

Like others have said, the best thing to do is to go the HOA meeting and voice your concerns. And keep going to every meeting that you can. And get the names/ phone numbers/ email addresses of your board members. And contact them when the management company is not performing.

 

[INTJ10]

We moved to Florida from NY. HOA's are not common in upstate NY so we had no idea of how HOA's worked. We bought a townhouse. The builder controlled HOA was totally worthless. Actually worse, they violated the law, misled residents and were incompetent. When the developer turned over the property to the residents, we had a big mess. I joined the board, which had to deal with the current, incompetent, property manager (he lied continuously). It took us a year to figure out his lies and we had a bigger mess. All the other board members resigned and I ended up being
the President. We hired a competent property manager and now things are on the mend. All the residents hate me because we raised the dues to cover the needed reserves. Most of the time, I am fighting with people who disregard rules or people who don't pay assessments so I don't have time to make real improvements. I don't get paid and it is a thankless, time consuming job. If I didn't do it, I am not sure what would happen. I developed an understanding that the HOA board actually has a lot of "power". They can change rules and decide how enforcement is conducted. If you are not on the board, you have to accept the situation or figure out a way to influence the current board members. Complaining, especially on social media, will not help you. The board members, who are volunteers, will just resent you. Not because they are evil, it is just human nature.

 

[Amethyst]

All true. The HOA board makes decrees, and the management company carries out...mostly by sending a constant barrage of threatening letters from the management company's retained lawyer.

However, the HOA boards we've dealt with only really came into their "power" when people wanted to sell their units. Up to that point, they can only nag owners about compliance and place liens, which have to be paid off before the sale can go through.

I have heard, though, of boards successfully suing property owners for unpaid HOA dues, even when the owners aren't trying to sell.

I developed an understanding that the HOA board actually has a lot of "power". They can change rules and decide how enforcement is conducted. If you are not on the board, you have to accept the situation or figure out a way to influence the current board members. Complaining, especially on social media, will not help you. The board members, who are volunteers, will just resent you. Not because they are evil, it is just human nature.

 

[INTJ10]

All true. The HOA board makes decrees, and the management company carries out...mostly by sending a constant barrage of threatening letters from the management company's retained lawyer.

However, the HOA boards we've dealt with only really came into their "power" when people wanted to sell their units. Up to that point, they can only nag owners about compliance and place liens, which have to be paid off before the sale can go through.

I have heard, though, of boards successfully suing property owners for unpaid HOA dues, even when the owners aren't trying to sell.

FYI, in Florida (I don't know about other states), HOA's can foreclose properties to reclaim past unpaid assessments. We are implementing two foreclosure procedures. It is the last thing we want to do, but we don't have much choice. The lawyers are the winners in these situations.

 

[Amethyst]

Our experiences were in MD. We always complied with HOA demands, but when I asked the management rep what happened to people who didn't, she sighed and said, "Nothing. Until they try to sell their house. Then all the liens come due."

Foreclosure is a harsh penalty - I assume it is a last resort, after other legal remedies have failed?

FYI, in Florida (I don't know about other states), HOA's can foreclose properties to reclaim past unpaid assessments. We are implementing two foreclosure procedures. It is the last thing we want to do, but we don't have much choice. The lawyers are the winners in these situations.

 

[INTJ10]

Our experiences were in MD. We always complied with HOA demands, but when I asked the management rep what happened to people who didn't, she sighed and said, "Nothing. Until they try to sell their house. Then all the liens come due."

Foreclosure is a harsh penalty - I assume it is a last resort, after other legal remedies have failed?

Our lawyer hasn't offered any other legal remedies. We lien first and then we move on to foreclosure. We have been receptive to payment plans but if homeowners just ignore us we go from lien to foreclosure. The homeowners can always just pay the past debt or negotiate a payment plan. The unfortunate side affect is that the process just digs a bigger debt hole for them because of the legal fees that are added to the debt.

 

[Walt34]

Our experiences were in MD. We always complied with HOA demands, but when I asked the management rep what happened to people who didn't, she sighed and said, "Nothing. Until they try to sell their house. Then all the liens come due."

That's pretty much what happens here in WV. I'm not aware of any instances where the HOA foreclosed on anyone for nonpayment of dues/penalties but I suppose it could happen. Some of these houses might still be underwater from the 2008 crash so since (I think) the HOA would be second in line after the bank there wouldn't be any point in foreclosing.

There are at least several of them with outstanding liens according to the newsletter the property manager sends out but of course they don't name any names.

 

[MichaelB]

That's pretty much what happens here in WV. I'm not aware of any instances where the HOA foreclosed on anyone for nonpayment of dues/penalties but I suppose it could happen. Some of these houses might still be underwater from the 2008 crash so since (I think) the HOA would be second in line after the bank there wouldn't be any point in foreclosing.

There are at least several of them with outstanding liens according to the newsletter the property manager sends out but of course they don't name any names.

In our association that’s happened twice. It’s very sad, because the total amount charged includes penalties, fees, attorney, etc, is ‘000s higher than the back dues owed, and the net amount left for the homeowner after foreclosure proceeding is less. There’s probably some depression or other issue at play.

The last time we rented we were served a notice intended for the owner. It was a final notice of collection , next step was foreclosure. Previous notices were given to the prior tenant, who threw them away. Turns out when the association was built it was required to sign an agreement with the municipality for obligatory cable TV with a provider owned by the municipality. The rental contract required the tenant to pay, they didn’t, and the municipality went to court uncontested, won, and was preparing to foreclose. After this arrangement made the news and was (rightfully) chastised, they agreed to turn cable service over to another local provider.

 

[ncbill]

Here because of bad behavior by HOAs in other states the amount any HOA can charge for legal fees (liens, foreclosures, etc.) is strictly limited.

E.g. if a monthly HOA dues payment is late only a $20 late fee (maximum) is allowed...no interest allowed to be charged on either the overdue HOA fee or late fee. Legal fees the HOA can recover for placing a lien or filing for foreclosure are similarly capped.

So while we place liens there's little incentive to filing foreclosure.

 

[Rianne]

Thank you for this thread. Just scared me out of ever purchasing a property with an HOA It's hard enough getting a neighbor to mow her prairie/weed yard let alone dealing with an entire complex. I'll pay a lawn service to mow and weed my yard before I'll pay HOA fees. The education on this forum is priceless.

 

[Bir48die]

I hate our HOA. The End

 

[ivinsfan]

Thank you for this thread. Just scared me out of ever purchasing a property with an HOA It's hard enough getting a neighbor to mow her prairie/weed yard let alone dealing with an entire complex. I'll pay a lawn service to mow and weed my yard before I'll pay HOA fees. The education on this forum is priceless.

Yes, HOA's are kind of like marriages some are good, some are OK and some are disasters.


The problem is, just like a marriage you don't really know what you are getting until it's too late...

 

[easysurfer]

Be careful, if you call them too many times they may suggest you run for office with the condo board .

I have the opposite issue. Seems like every day the condo HOA is doing something whether redecorating or cleaning the common grounds that almost interferes with just living in the place. At times, seems like rules for the sake of rules. There is such a thing as being too efficient.

 

[CardsFan]

I have to say I am fairly pleased with our Condo/Townhome HOA. Not perfect, but for $225/month all outside chores are covered (grass cutting, bush/tree trimming, snow removal), the siding is stained every 3-4 years, old tie walls were replaced with nice masonry walls, building insurance (studs out), an indoor pool, an outdoor pool and an exercise room.

 

[Chuckanut]

HOA's are just another form of community government. They are made up of homeowners chosen by the other homeowners to represent them in maintaining the property. If your HOA is no good, then perhaps it's time to be more involved in it.

The homeowners elect the members. They are not appointed by some Divine Right deity to rule over the other homeowners. They rule by the consent of the homeowners and power flows through the homeowners to the HOA. In almost all cases they are unpaid volunteers.

I have been on an HOA board several times. My experience is that the worst complainers never volunteer to be on the HOA or to do much if anything to improve the community. Some people are not suited to being subject to an HOA when it comes to their property. It's something to think twice about.

If you really think it's your right to paint your front door purple or let your lawn grow to two feet in height, then buy a few acres in some rural unincorporated area, and do as you please. Well, keep in mind building codes, wetlands protection laws, endangered species rulings, utility rights of way through your property, water rights, etc. etc. etc.

 

[eytonxav]

Some people are not suited to being subject to an HOA when it comes to their property. It's something to think twice about.

This is very true, and it amazes me that so many people who purchase a home or unit in an HOA community don't even bother to read the CCRs prior to their purchase that will require their compliance as a resident.

 

[COcheesehead]

This is very true, and it amazes me that so many people who purchase a home or unit in an HOA community don't even bother to read the CCRs prior to their purchase that will require their compliance as a resident.

I've said it before and I'll say it again.

The problems usually start when owners do not know the rules OR feel they do not apply to them.

 

[Chuckanut]

I've said it before and I'll say it again.

The problems usually start when owners do not know the rules OR feel they do not apply to them.

+1 and Bingo!

 

[Walt34]

Thank you for this thread. Just scared me out of ever purchasing a property with an HOA.

Don't be. We'd never lived in a community with an HOA and as has been pointed out it is a miniature local government with elected people who run it. But unlike normal governments, these folks don't get paid. Sometimes that shows and more often it doesn't. Bear in mind you only hear the outlandish horror stories. The ones that function without all the drama fade quietly into the background and you never hear about those.

In seventeen years we have yet to hear anything adverse from the HOA regarding our house or yard maintenance, but then we do keep things mowed and painted, don't let trash pile up, or keep a 30-foot boat in the front yard, and the like. Without an HOA, all that, and worse, is allowed in the county.

Twice, in their infinite wisdom the voters in this county have refused to allow zoning in the interest of "preserving private property rights". That means that without an HOA, your next door neighbor is perfectly within his/her rights to open a strip joint. And that has happened. It has since closed, but about five miles away there was a strip joint literally next door to an elementary school. I'll bet the parents of those kids had some awkward discussions. Another lesson in "Be careful what you wish for. You might get it."

Thanks, but I'll keep the HOA.

 

[joeea]

This is very true, and it amazes me that so many people who purchase a home or unit in an HOA community don't even bother to read the CCRs prior to their purchase that will require their compliance as a resident.

Agreed.

I'm on our HOA's board. I hear lots of complaints, and it's often clear that the complainers haven't actually read the bylaws.

I always suggest they attend the next board meeting and voice their complaints in person. That's pretty much always the end of it - they never show up.

We are in a seaside town. Our HOA's bylaws protect us from short term renters, odd paint schemes, excessive building modifications, unkempt yards, etc, etc. All of these can and do occur elsewhere in town, but not here.