Dealing with delinquent owners can be trying for many associations. Even with a proper collection policy, it is sometimes the case that the monthly late fees added to their account do not motivate delinquent owners to pay on time.
Taking enforcement action against a neighbor is never pleasant; however, it can become particularly burdensome when pets are involved. It is a Board member’s duty to enforce the governing documents, and some violations can be relatively easy to address (including failure to leash or clean up after a pet).
Question: Our association implemented a collection policy last month after several years of not having one in place. The policy provides that we can charge monthly late fees. If an owner has been delinquent for two years, but we have never charged a late fee, can we go back now and charge them retroactively?
Question: Our association had a reserve study completed last year by a reserve specialist. The estimated cost to replace/repair common elements currently equates to less than 10% of our operating budget. If we set aside less than 10% of our budget for reserves, are the owners still required to vote to waive the reserve requirement?
Over the past few years, federal, state, and local governments have grappled with the rocketing popularity of unmanned aerial vehicles, also known as drones. The issue has also become a point of concern for some associations as they deal with the challenges and potential benefits of private drone use.
Earlier this year, a Nevada jury awarded a homeowner $614,091.04 in damages against a collection agency. This amount included over $460,000 in actual damages, and nearly $150,000 in attorney fees.
Pets are, and likely always will be, one of the most controversial topics for community associations. Many people have pets, and those that do often treat the animals as members of their family. The next several newsletters will contain tips for rule making and enforcement for pets on the premises.