Responsibility for HOA Dues
Who is responsible for paying the dues (Assessment or regime fees) to the HOA? At a recent HOA board meeting, there was an incomplete discussion of the huge amount of unpaid dues owed to the HOA. In a previous meeting where discussion had included the word "foreclosure", one board member said that the HOA is not in the business of putting people out of their homes. In other words, if a person doesn't pay his dues, don't foreclose on his house. My response? The HOA is a non-profit corporation. IT IS NOT A CHARITY. If an Owner does not pay his dues and does not make a satisfactory arrangement of a payment plan (and comply with it!), then Foreclose. At the recent meeting board directors' comments included that some of the debtors are dead; some have sold; some can't be found. Those remarks caused me to think that board members believe the unpaid dues are a personal, unsecured debt of the owner. My reading of the CC&Rs (Art. X, Section 2) is that the dues are...