Midwestern
Junior Member
What is the name of your state (only U.S. law)? Oklahoma
I purchased a home in 1999 in an addition that, for the purposes of their HOA, was partitioned into two areas; one area of homes surrounding a man-made, restricted-access lake, and the other encompassing essentially all other homes (non lake-adjacent). The convenants for the neighborhood stipulate that HOA dues are mandatory for the "lake properties," but optional elsewhere. My home is in the "non-lake" group. The covenants also stipulate that no form of "coercion" (their word) will be used to persuade owners in the dues-optional area to remit such payment.
I have leveraged my option not to pay HOA dues, and this has resulted in no adverse consequence from the HOA. Each year, I receive an "invoice" for my optional dues, but this year the language was more terse, more personal, and, frankly, a bit irritating. They now state that they are "monitoring" my plans to "mooch" off my neighbors and not pay my dues, and suggest I remit payment "to avoid delayed or cancelled contracts" should I opt to sell my home.
Clearly, the HOA is aware that my dues are voluntary, as they've taken no formal action to collect, and are relying on the language in their letter to "scare" me into payment. I find their language becoming edgier and more disconcerting. Part of me wants to construct a letter pointing out that my dues are optional, and I am leveraging that right, and that I find their language somewhat coercive in the vein of the terms and covenants incorporated into my sales contract. The other part of me says that the language is just that - threatening only - and should simply be dismissed as such. Would such a letter, highlighting the relevant portions of my contract terms (and perhaps CC'd to an attorney) be of any value, or should I simply let the proverbial sleeping dog lie?
And, lastly, is there any general means by which the HOA might be able to unilaterally convert those "voluntary" dues into mandatory dues without my knowledge or consent? The common sense side of me says certainly not, coupled with the understanding that some sort of writing or notice would be essential, but given the way some HOA's have behaved in recent years, asking the question seems sensible.
I appreciate your opinion and feedback.
I purchased a home in 1999 in an addition that, for the purposes of their HOA, was partitioned into two areas; one area of homes surrounding a man-made, restricted-access lake, and the other encompassing essentially all other homes (non lake-adjacent). The convenants for the neighborhood stipulate that HOA dues are mandatory for the "lake properties," but optional elsewhere. My home is in the "non-lake" group. The covenants also stipulate that no form of "coercion" (their word) will be used to persuade owners in the dues-optional area to remit such payment.
I have leveraged my option not to pay HOA dues, and this has resulted in no adverse consequence from the HOA. Each year, I receive an "invoice" for my optional dues, but this year the language was more terse, more personal, and, frankly, a bit irritating. They now state that they are "monitoring" my plans to "mooch" off my neighbors and not pay my dues, and suggest I remit payment "to avoid delayed or cancelled contracts" should I opt to sell my home.
Clearly, the HOA is aware that my dues are voluntary, as they've taken no formal action to collect, and are relying on the language in their letter to "scare" me into payment. I find their language becoming edgier and more disconcerting. Part of me wants to construct a letter pointing out that my dues are optional, and I am leveraging that right, and that I find their language somewhat coercive in the vein of the terms and covenants incorporated into my sales contract. The other part of me says that the language is just that - threatening only - and should simply be dismissed as such. Would such a letter, highlighting the relevant portions of my contract terms (and perhaps CC'd to an attorney) be of any value, or should I simply let the proverbial sleeping dog lie?
And, lastly, is there any general means by which the HOA might be able to unilaterally convert those "voluntary" dues into mandatory dues without my knowledge or consent? The common sense side of me says certainly not, coupled with the understanding that some sort of writing or notice would be essential, but given the way some HOA's have behaved in recent years, asking the question seems sensible.
I appreciate your opinion and feedback.
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