What's due?

[danlpeters]

What is the name of your state?Virginia

My association’s articles of incorporation state that the yearly assessment is due and payable within the first quarter of the fiscal year (July 1 through September 30). I was a member in FY05. If I have not yet paid my dues for this fiscal year am I still entitled to all member rights and privileges? Can I be cited for trespass? If I assume that I am a member throughout the first quarter and then decide not to pay my dues am I then liable for the entire amount, a pro-rated portion, or none at all? (This is a voluntary HOA)

[HomeGuru]

Originally Posted by danlpeters

What is the name of your state?Virginia

My association’s articles of incorporation state that the yearly assessment is due and payable within the first quarter of the fiscal year (July 1 through September 30). I was a member in FY05. If I have not yet paid my dues for this fiscal year am I still entitled to all member rights and privileges? Can I be cited for trespass? If I assume that I am a member throughout the first quarter and then decide not to pay my dues am I then liable for the entire amount, a pro-rated portion, or none at all? (This is a voluntary HOA)

**A: stop playing games and pay the dues

[danlpeters]

Why do you assume I am playing games. When your mortgage is due on the first but payable through the fifteenth without penalty does the lendor change the locks on your house on the first?

Isn't the HOA playing games by denying priveleges to members that are following the articles of incorporation?

[HOA Challenger]

I am interested in why it is found that the owner is playing games by not paying his dues when the association is not taking care of their responsibilities.

[Paddy Reagan]

The obtuse nature of your question(s) suggests that you're being facetious about the behavior of others rather than you own. Either way, you're in a difficult situation with voluntary participation in your HOA.

In my experience it's difficult if not impossible to control access to amenities when owners can opt in and out at will. The most successful attempt was use of passes, patches, and codes that were only issued after annual assessments were paid. Access to tennis courts, pool, etc., was denied to those without the credentials.

The CC&Rs for your community should include specific instructions for collections and participation but, as long membership is voluntary, the abuse will continue. You may wish to consider an amendment to make membership mandatory. Paying members would almost certainly support such a move.