The following is an excerpt from another website:
"The Association does not have "deep pockets." The only money it generally receives is the assessment payments of the owners. If some of the home owners go into bankruptcy or simply cannot make payment, there will be a budgetary shortfall. Because the budget is determined and then divided amongst the home owners, bad debt will cause a shortfall. It is necessary for the board to determine the anticipated shortfall from bad debt, and to budget accordingly. The past history regarding bad debt can be useful in determining the expected shortfall, but other factors such as the number of cases in collections and the general condition of the economy also may be considered.
"Once one understands that an association budget is nothing more than dividing up the expenses between the home owners, it becomes readily apparent that the failure of one homeowner to pay his or her fair share of the expenses means that his or her neighbors are the ones paying the delinquent owners bills. This is not an acceptable situation. Therefore, the board has a duty to take every reasonable action to collect the assessments. The board may not waive or excuse, or otherwise forbear the payment of assessments. Those home owners who refuse to pay their assessments should be pursued in court, and every reasonable action should be taken to compel payment. Most associations have lien rights in the unit and can foreclose, take ownership or possession of the property, or garnish the wages or bank accounts of the delinquent owners. Most associations have the ability to recover from the delinquent owner, the costs of collection, including attorneys' fees and legal costs. In addition, because it is unfair for some owners to pay on time, and others to cause the Association to incur expense from late payment, it is appropriate for the board to charge a reasonable late charge (in accordance with its governing documents and applicable law)."
Monday, January 12, 2009
Friday, January 02, 2009
Important fact
The post reprinted below was first placed on this webblog on 2006 Monday, October 23, 2006:
"In August [of 2006], the Attorney for the Association was asked numerous questions regarding the authority of the Board with respect to addressing the safety issues of both the dryer vent cleaning project and the chimney cleaning project under the Kenthill Townhomes new revised Declarations and Bylaws, which were recently passed by the homeowners at the Annual Meeting in March 2006. The following are excerpts from the reply given by the Attorney:
"This is in response to your question regarding the cleaning of chimneys and dryer vents. Yes, the Association may enter units to perform any maintenance work to the chimneys and/or dryer vents. It can also assess the costs of such maintenance back to owners.
"Section 13.8 provides that the Association may designate certain objects or appliances in owners' apartments that pose a particular risk of damage to other apartments and/or common area as "High Risk Components."
"Section 13.8.2(a) states that the Board can require inspection of High Risk Components at a specified time."In the event the owner does not cooperate, section 13.8.4(a) states that the Association may enter an apartment and inspect, repair, maintain, or replace the High Risk Component and charge the cost back to the owner as a special assessment, fine the owner and/or sue the owner for injunctive relief.
"As for the portions of the dryer vents and chimneys that lie outside the apartments, owners are still responsible for their maintenance. Section 11.3.1 provides that "owners are responsible for maintenance, repair or replacement of any plumbing fixtures water heaters, fan, air conditioning, heating or other equipment, electrical fixtures or appliances which are located in his or her apartment, or which are for the sole and exclusive use of his or her apartment, whether located in the Apartment or in the Common or Limited Common Areas."
"Since the dryer vents and chimneys are not shared, owners are responsible for their maintenance and any work performed by the Association can be charged back to the owners.
"Please ensure that owners are given advance notice of the entry into their units to conduct the maintenance. The notice should include the date and approximate time of the entry. Let me know if you have any other questions."
"In August [of 2006], the Attorney for the Association was asked numerous questions regarding the authority of the Board with respect to addressing the safety issues of both the dryer vent cleaning project and the chimney cleaning project under the Kenthill Townhomes new revised Declarations and Bylaws, which were recently passed by the homeowners at the Annual Meeting in March 2006. The following are excerpts from the reply given by the Attorney:
"This is in response to your question regarding the cleaning of chimneys and dryer vents. Yes, the Association may enter units to perform any maintenance work to the chimneys and/or dryer vents. It can also assess the costs of such maintenance back to owners.
"Section 13.8 provides that the Association may designate certain objects or appliances in owners' apartments that pose a particular risk of damage to other apartments and/or common area as "High Risk Components."
"Section 13.8.2(a) states that the Board can require inspection of High Risk Components at a specified time."In the event the owner does not cooperate, section 13.8.4(a) states that the Association may enter an apartment and inspect, repair, maintain, or replace the High Risk Component and charge the cost back to the owner as a special assessment, fine the owner and/or sue the owner for injunctive relief.
"As for the portions of the dryer vents and chimneys that lie outside the apartments, owners are still responsible for their maintenance. Section 11.3.1 provides that "owners are responsible for maintenance, repair or replacement of any plumbing fixtures water heaters, fan, air conditioning, heating or other equipment, electrical fixtures or appliances which are located in his or her apartment, or which are for the sole and exclusive use of his or her apartment, whether located in the Apartment or in the Common or Limited Common Areas."
"Since the dryer vents and chimneys are not shared, owners are responsible for their maintenance and any work performed by the Association can be charged back to the owners.
"Please ensure that owners are given advance notice of the entry into their units to conduct the maintenance. The notice should include the date and approximate time of the entry. Let me know if you have any other questions."
