Comments on: Homeowner Association Questions & Answers

By: Wesley Hunt

Wesley Hunt — Tue, 05 Aug 2008 14:20:17 +0000

Our association is making a fee to make up for those who have not paid their dues. Is it legal to have these names printed in a newsletter so that all can see who has not paid? The board says this is illegal.
Thanks.

By: Brent Wenger

Brent Wenger — Sat, 06 Jan 2007 19:32:25 +0000

Our flight park has a serious HOA problem and little concrete evidence to help. Can other flight parks provide info on how they compute dues and assessments. We have a feeling that most compute dues/assessments on a per acre or per parcel basis. How many of you use 1 dues per member regardless of acres/parcels and how many of you give 1 vote for each acre/parcel assessed?
Thanks

By: Jack Horn

Jack Horn — Wed, 16 Aug 2006 08:10:57 +0000

Our HOA covenants have been in place for over 23 yrs. but have never been enforced to the letter of the law. Recently, an atty told us the statute of limitations for covenant enforcement is 1 yr. Now we are getting some very high end homes being built that want the covenants enforced and the current board’s hands are somewhat tied as to what can be enforced. Any ideas or references?

By: Reed White

Reed White — Wed, 09 Aug 2006 07:33:00 +0000

At our airpark, we have experienced considerable duress and legal expense over the past three years due to airport safety violations and refusal to pay CC&Rs-required fees. This has led to a good deal of actual real-world legal experience. The answers to the above questions appear to be legally correct. [I am not an attorney – just educated by hard knocks.] However, in reality [in our airpark’s experience], people can withhold payments, break covenants, and do just about whatever they want if they are motivated to make trouble, they have excessive money, and they realize that the legal costs to the association can far exceed the values of the fees due to the association. Further, if your CC&Rs are comprehensive [lengthy], there is a good chance that the court will not have time and resources to fully comprehend and enforce what is written. The more comprehensive the CC&Rs, the easier it is for the opposing attorney to intentionally confuse the judge and jury. I hope that other airparks have more positive experiences to report, but in our experience (and in our court), we are coming to believe that comprehensively-written, lawyer-blessed CC&Rs are not worth the paper they are written on.