I need an invoice...

[bruiserbrody]

GEORGIA

I have asked for an invoice from my Home Owners Assoc(HOA) multiple times. It's been two years now, last year we paid with no invoice. The HOA is required, and does, send out a bill and budget. But we can't get ours because they will not put us on the list. All I want is a bill so I can pay.

2 questions:

1. Is there some kind of threatening legal verbage I can send them to require them to send me an invoice immediately?

2. Is there a certain amount of time or # of requests that allow me to not have to pay the bill and still receive the benefits(pool usage)?

I know the reason is because the HOA is so busy, but enough is enough.

Please Help,
Bruiser

 

[JETX]

"1. Is there some kind of threatening legal verbage I can send them to require them to send me an invoice immediately?"
*** Yes.

"2. Is there a certain amount of time or # of requests that allow me to not have to pay the bill and still receive the benefits(pool usage)?"
*** No.

 

[HomeGuru]

There is a lot more to this story. Care to share Mr. Wrestler?

 

[bruiserbrody]

invoice

There is a lot more to this story. Care to share Mr. Wrestler?

Sure, though there is not much more. When we moved in we were never recorded as such. After repeated attempts to be put on the record in order to receive a bill, we have yet to receive a bill. We were told it was already mailed 3 weeks ago. I just want an invoice...it's like I'm trying to collect money from them.

 

[bruiserbrody]

invoice

"1. Is there some kind of threatening legal verbage I can send them to require them to send me an invoice immediately?"
*** Yes.

Where could I find it?

Thanks for your help.

 

[JETX]

You only asked IF there was "some kind of threatening legal verbage" you can send. The answer is yes.
You can send them documents using all kinds of legal terms.... such as:
'Whereas'
'Ipso Facto'
'a priori assumption'
'prima facie'
"scire facias'
'ad seriatim'
'quantum meruit'
'qui tam action'
and the ever popular, 'habeas corpus' and 'stare decisis'

As to what to use and how.... THAT would be the practice of law and you need to talk with a local attorney for his/her services.

 

[Ladynred]

Ok.. I can't help with using JetX's legal terms, but I think I can add something.

I used to serve on the board of the HOA for my subdivision when I lived in SC, so I know a fair amount about how they normally work.

The Assn. is usually bound by a Charter. That sets up the Assn. and outlines their powers, duties, and sets the rules by which they must function. In SC, this Charter was filed at the County courthouse. It very well could be the same where you are.

I'm guessing that homeowners must abide by a set of Covenants and Restrictions and that when you bought the house, you received a copy of those C&R's. In SC, the lawyer was supposed to give a copy of the C&R's to you at closing. Does any of this apply to your purchase ?? If you don't have a copy of the C&R's - get one. Ask a neighbor if you have to, but get one.

Now for where I'm going with this...
- Find out if the HOA's Charter is filed with the County and get a copy of it. You should be entitled to a copy of it as a homeowner and member of the HOA.

- Since the HOA and its Board is supposed to abide by the rules set out in the Charter, if they are breaking these rules, you may very well have something to use to make them toe the line. If its filed at the county courthouse, then it is a LEGAL, BINDING document and you can use it to your advantage.

Its unlikely you'll get out of paying your dues because they screwed up, but you may be able to succeed in getting things right if you can smack 'em with the rules they are bound by - and make them follow the rules !

Its worth a try -- what have ya got to lose ?

 

[bruiserbrody]

Thanks, Ladyinred

Ladyinred, perfect! That should work like a charm.

You're a genius! Thanks again.

Bruiser

 

[JETX]

Wonderful!!
A "this is what worked for me", in another state, with other rules, with absolutey NO actual impact on the writers problems..... and accepted as genius!!! What a wonderful story.

LIR, don't misunderstand. I am not 'slamming' your post. I was also the president of an HOA about 20 years ago, and have lots of experience in these issues.... and what you say is absolutely true. However, for this writer to assume that what happened in my HOA or yours is an answer to his problems is simply..... simplistic.

 

[bruiserbrody]

invoice

<<<However, for this writer to assume that what happened in my HOA or yours is an answer to his problems is simply..... simplistic.>>>

I know, that's the beauty of it...the simplicity. For tis true, for tis written. Methinks it's worth a shot. Do you agree?

All's I want's is a bill, I feel so unloved

 

[JETX]

One thing that I found missing in ALL of your posts..... was that you had contacted the board (or more likely, their service company as most HOA's don't do billing, etc.) in WRITING. Or even taken the effort to visit their office!!
Also, when is the last time you attended an HOA meeting and discussed this issue with them.

One of the FACTS that I discovered in my years on HOA boards is that the party who usually voices the loudest complaints about the board NEVER, EVER attends any of the meetings. I currently live in a 'planned' community (very active HOA) of about 300 homes.....yet I can count on one hand the number of residents who attend monthly meetings. And even then usually only one or two a year. Hell, the majority (a HUGE one) of the residents have NEVER attended even one monthly meeting..... let alone the annual meeting for electing officers.

So, yes, I am a little suspect when someone posts on the forum that they have "asked for an invoice from my Home Owners Assoc(HOA) multiple times" and not gotten one.

 

[Ladynred]

I am not 'slamming' your post.

You're not ?? Sounds like it to me ! You specifically IGNORED that I ALSO said that he should check to see IF it was handled the same way IN HIS AREA !!!

It was a SUGGESTION for cryin' out loud.

In your 'planned community' the HOA might have the funds to pay a billing company or actually maintain an OFFICE one can visit. There are plenty of communities where that simply is NOT the case. Even one of the biggest up-scale communties back in SC did NOT have an office, nor did they pay a billing company to handle HOA dues.

Simplistic ?? Guess what, sometimes simple WORKS ! If it doesn't then you delve deeper !

 

[JETX]

In the immortal words of Telly Savalas..... "Who loves ya' baby?"

 

[HomeGuru]

Interesting thread.

 

[bruiserbrody]

invoice

JetX

I'm Busy, so are they. I did not contact them in WRITING. First time dealing with this kinda thing. I apologized for that, no big deal. I have visited the office and found it empty. I'm busy. They're busy, but they sought these responsibilities. One of those responsibilities is to make sure you're aware of every resident or owner. Think of it like a business, and I'm the customer. Every successful business is aware of every customer that company has. It has to be, because you have to invoice every customer, in order to get paid.

Vocal confirmation combined with agreeing eye contact seems to work for me. When a vendor tells me they're going to do something, I expect it to get done. But in this case, finding a new vendor ain't that simple and isn't even an option.

I planned to attend a meeting that was supposed to go over things I had an interest in, so I altered my schedule to be present. It was cancelled until the next month. Like I said, I'm busy, they're busy. The thing about living in a nice neighborhood and having an HOA is that it gives you the peace of mind that these kind of things are being handled professionally, therefore sans souci for the owner. People shouldn't be blasted for not attending meetings. There's too much going on in their life. Why go when it might be cancelled or just to hear em talk about landscaping issues and budget stuff? People move to nice hoods so they don't have to worry about that stuff. They EXPECT the HOA to take care of it. But board members should and do get reprimanded for absence. I have attended meetings with board members absent.

There are certain people interested in HOA kinda stuff, and they're are people interested in other things. But one thing is for sure, you gotta have an HOA, and a good one. Another thing is that you will never have major participation for the reason I stated. Don't get mad because people have a life.

So, rest your suspicion, my friend. It's true, it has been multiple times. But, you're right - never in writing. It seems like I'M the vendor.