We are very angry at our homeowners association board of directors! We received a letter from them yesterday (as did everyone else in the neighborhood) stating that the association dues we paid this year will not cover the pool or other amenities and we must pay an additional $100 or more to be given a 'special' membership card to use the facilities. They say this is optional, but also say that if we don't pay this extra money then we will not be allowed to use the pool this summer even though we paid our dues for this year already. They also stated that unless the homeowners collectively coughed up $60,000 by March 1st then the pool wouldn't open at all this year. They didn't open it last year stating that the funds weren't available due to a lawsuit they had filed (they settled the lawsuit last fall for a nice sum of money so where is it???). Dh and I believe that we are entitled to the pool if we have paid our annual dues, but I can't find any homeowner association laws for the state of Georgia that state what rights we, as members in good standing, have. I must not be using the correct terms when I try googling the info. The board is also threatening to raise our dues or force us to pay (by threat of liens and/or being sued) special 'extra' dues if this demand for money isn't met. I happen to know for a fact that the covenant for this community does not allow the dues to be raised for current homeowners. When it was written it was done incorrectly and there are people in our community that still only pay $25 a year (the rate back in the 1950s) because the dues on a property can't be raised to the current rate until a house it sold. I know all this because my dh was on the board a few years ago (he quit after a year because he couldn't deal with the wanna-be dictators that were trying to take over and are now currently in charge). So do any of you know about homeowner association laws or can you point me in the right direction? Dh and I are just wondering just what our dues are for if we aren't allowed to use the facilities after paying them. You had better believe that we won't pay next year if that turns out to be the reality! Grrrrr!!! Thanks for letting me complain.

By Amecmom on Friday, February 3, 2006 - 08:37 am:

I don't think there would be rules by state. I think there would be individule lists of rules and ammenities covered by your dues in a policy they gave you when yoy first joined. Your contract, when you purchased your house, may even have it in there.

If they have changed these rules without written notice the changes should not be valid.

Check out what you have - or go to an association meeting and voice your concerns.

Hugs - it's no fun when you feel people are trying to pull the wool over your eyes.

Ame

By Dawnk777 on Friday, February 3, 2006 - 08:39 am:

I have no advice for you. We don't live in a subdivision. We are just a house on a street. In the last few months, on various message boards, I have heard people complain about HOAs and I'm glad I don't have to live with one! Sheesh, they make life difficult!

By Karen~moderator on Friday, February 3, 2006 - 09:07 am:

I would think state and local laws would come into play there, but I'm not really sure.

My X and I rented a condo for a couple of years before we bought our house. The property owner paid the monthly dues, but to have pool privileges, we had to pay each summer, as did any/all of the other residents.

I do know that many condo or homeowner's associations raise dues/fees when there are big-ticket items to be financed, such as new roofs, security gates, etc.

I joined a country club when the kids were young so we would have a pool to use in the summers. I paid monthly dues year-round for the privilege of using the pool from Memorial Day to Labor Day. Most years, they assessed a one-time cleanup fee, in the spring, to clean up the grounds and ready the pool for the summer. Your other option was to volunteer that weekend and commit to two 8-10 hour days helping out, doing that work. I paid the assessment because at the time, I was a single mom with 2 kids involved in a lot of activities.

I used to be very involved in our homeowner's association, in fact, I was in charge of traffic & safety. There were maybe 3 other people who were also *really* involved - the President, and 2 other women in the neighborhood. The 4 of us were trying to get everything done, while the rest of the subdivision sat back and criticized us and complained and gave us a hard time and refused to comply with the covenants and the rules. After about 18 months I hung it up. We had to assess some one-time fees for some specifics back then also. Now, our association has pretty much fallen apart, we have not gotten a *bill* for dues in years.

I think it really depends on your bylaws and covenants and local guidelines, specifically. I just want you to know I DO understand your frustration!

By Unschoolmom on Friday, February 3, 2006 - 10:59 am:

Are you guys able to look at the books? If they're demanding extra money for things that should already be covered it might be worthwhile to see how they're managing your funds.

For the record, I have no idea how these things work. The closest we get to a homeowners association is when I skip over to one neighbour to pay my half of our shared snow plow bill or when another neighbour offers to tow away our latest dead vehicle (the latest lawn accesory around here don't ya know) so he can tear the axles off for his trailer making business.

By Ginny~moderator on Friday, February 3, 2006 - 06:18 pm:

First, read your contract and read the Homeowners Association (HA) rules. That gives you a starting point.

Here's the Georgia Homeowners Association Law

http://www.legis.state.ia.us/GA/79GA/Legislation/HF/02400/HF02442/Current.html

I would look particularly at the section on Financial Reports (#7),Assessments and Charges (#9).

By Ginny~moderator on Friday, February 3, 2006 - 09:03 pm:

Oh, and read the Homeowners Association bylaws and rules/regulations. They are also essential for knowing what your legal rights are.

By Debbie on Saturday, February 4, 2006 - 06:29 am:

Like Ginny said, read your Homeowners Association bylaws. If you don't have a copy, call your Homeowners Assoc. and request one. Everything pertaining to your fees and what they cover should be in there.

I know that with our last Homeowners Assoc. they had to have a majority vote to make changes, etc. There were also guidelines in the bylaws about raising fees, etc.

Also, be careful about not paying your fees. Dh and his brother had some rental properties before we married. They had problems with one of the Homeowners Assoc, so they didn't pay their fees. The homeowners assoc. ended up putting a lien on the property. It was a big mess when they tried to sell it, and they had to resolve the lien first.

By Karen~moderator on Saturday, February 4, 2006 - 09:18 am:

They can also cut off utilities, such as water, if that is in way included in the fees. Happened to someone I know.

By Trina~moderator on Saturday, February 4, 2006 - 09:33 am:

Wow. I'm glad we've never had to join a Homeowners Association.

Good luck, Tunnia!

By Tunnia on Sunday, February 5, 2006 - 09:19 am:

My neighborhood is really messed up when it comes to the HOA and has been for a while now. After talking to several neighbors and friends I have come to the conclusion that the pool will not open again this year because everyone is really angry and says they will not pay another dime to the HOA. Our warranty deed states that we are entitled to the facilities if we are members in good standing, which we are.

I also wanted to let you know that we aren't people who just sit around complaining about the way things are done in the community. My dh and I are actually part of the handful that do things around here. In the past eight years we have lived here we have chaired several fundraisers, participated in many, many work parties, beautification and clean-up projects. My dh spear-headed a project to make our main park handicap accessable, we were the volunteer editors of our community newsletter for 2 1/2 years, my dh served on the HOA board a few years ago and served on the board of our HOA support organization for several years as both president and treasure, and we attend homeowners meetings. I'm not trying to pat myself on the back, I just wanted you to know that we aren't just complainers, we are doers.

Thanks for listening to my gripe. I feel better just getting it off my chest.

By Karen~moderator on Sunday, February 5, 2006 - 10:14 am:

"I also wanted to let you know that we aren't people who just sit around complaining about the way things are done in the community"

Stacy, I certainly did not mean to imply you were - I was simply relating personal experience, I'm sorry if it sounded that way, and I apologize if I offended you. If anything, you and I are on the same page regarding Homeowners Associations!!

My friend lived in a condo and her DH was the president of the Association for a short time. Most residents were fed up with the dishonesty and partiality and B.S. that was going on with the officers and the board of the Assocation. Friend's DH tried to be fair and do things right, and apparently there were more creeps than do-gooders and he was forced to back down. Anyway, as part of my point, THEIR pool also did not open for a couple of years due to *lack of funds*. And all the residents were also sitting there wondering *what* happened to all of the montly dues they had been paying?

It's tricky when you are dealing with state/local laws and covenants and Association bylaws, and then possibly having dishonesty and legality issues on top of it all.

I truly wish you luck. It's sad that the majority have to suffer due to the actions of others, in so many things....

By Ginny~moderator on Sunday, February 5, 2006 - 02:56 pm:

Stacy, I think you and other fed-up members of the HOA ought to think seriously about talking to a lawyer - one with experience in real estate and homeowners association laws. It sounds to me like there may be some sort of funny stuff going on. Has the HOA produced a financial report? Is the HOA audited by an outside independent auditor? Can members of the HOA view the financial records and bank records?