From Home Owner to Home Owner

Posted in: Hunters Creek
Ladies and Gentlemen:

Once again, I'm writing with regards to the contents of the Newsletter that was placed in my mailbox. In this instance, I want to know if the three of you who voted for this special assessment have already paid it. My reason for asking is that personally, I don't have an extra $100 to spare because of my regular monthly bills and I don't see why I and 128 other homeowners have to keep picking up the slack for those other 130+ homeowners that are not paying their annual fees.

I know several neighbors have contacted Julia to find out what the consequences will be if we don't pay and have received an attitude and smart answer from her. Considering that she's supposed to represent the entire neighborhood, we expect a decent answer, not somethat that gets smart with us when we call and in my case write. I could see if we were the ones that are not paying, but we're not. The only answer we keep getting is that either we pay it or get a lien placed against our houses. It's bad when neighbors are telling you how close they've come to cursing her out. We've paid our annual dues already and now you want the same 129 people to pay an additional $100, which will, if paid by all of us, place $12,900 in the account. What is that $12,900 going to cover? Before I send in any payment, I want a breakdown of what I'm paying for. I'm sure out of that amount, Prudential is going to take a cut and I'm having a proble m paying a company that is not doing a very good job of collecting fees. I don't care about the street lights. We all have porch lights, if we need them, we can turn them on.

As many of you know, I work for attorneys. I've had a few neighbors come over and ask me what we can do about this assessment. They are as sick of it as I am. I didn't think there was anything we could do, but after talking to Michael, I've learned that there is. We, as individual homeowners, can do one of two things, 1) personally take the deliquent homeowners to Court to make them pay their own fees and not make the rest of responsible for them; and/or 2) 75% of the homeowners can get together and get rid of the association. As far as I'm concerned, the latter can be done, because I don't see what the Association is doing to keep 129 good paying members from having to keep coming out of their respective pockets to pay not only for themselves and their own families but for 130+ other families that have elected to totally ignore paying these assessments. Michael is going to review the Covenants and Restrictions and give me directions on what us paying homeowners can do.

The next thing you know, the Board is going to elect to have another increase on our annual dues come January 1. If this is what's going to happen, I think the 129 homeowners should be made aware of this way in advance of January. The same 129 homeowners are going to pay those increases and the same 130+ are not going to pay and nothing is going to happen.
Special Assesssment

Ladies and Gentlemen:

I thought I'd resend this since the original came back undeliverable to Julia or Mylantha. I also wanted to let you know that Michael has reviewed the Covenants and Restrictions and advised me that under 12.2 and 12.3, we as individual homeowners can enforce the non-paying homeowners to pay their maintenances fee (annual dues) by taking them to Court ourselves. We can also make them pay for the attorney's fee that are incurred.

Michael also advised me that 2/3rds of the homeowners can modify the Covenants and Restrictions. Unfortnately, it would take all of the homeowners to agree to get rid of the Association, but I'm willing to put the feelers out there to see what others think. I'm sure the 129 paying homeowners are tired of footing the bills for the non-paying homeowners.
  • Stock
  • krisc
  • Respected Neighbor
  • Louisville, KY
  • 9 Posts
  • Respect-O-Meter: Respected Neighbor

I don't understand why your association isn't filing liens to collect the assessments.

 

 

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