In some cases, filing a lawsuit to collect on past-due assessments may shake a non-payer out of their stall game.
Q: A neighbor bought a condo and rents it out, but has not paid ANY HOA fees for over two years! When she is contacted about the past due fees, she says she will pay them when she wants.
A: Although one of the board’s basic obligations is to make sure everyone pays their share of the HOA’s expenses, sometimes a homeowner will strategically refuse to pay. When there is little equity, a homeowner will stop paying mortgage and assessments, figuring there is no consequence to using the property until the bank finally forecloses and wipes out the HOA’s lien.
A: The obligation to pay assessments comes from the CC&Rs. Has someone checked to see if the CC&Rs were recorded on the properties on that street?
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