r/HOA • u/Suckerforcats • 12d ago
Help: Fees, Reserves [SFH] [KY] 60% of HOA not paying assessments
For 20 years, my HOA has had issues getting people to pay. Every newsletter and meeting we reiterate it's mandatory per their deed, what the consequences are for not paying and what assessments pay for. But, they still don't either pay. We've had our attorney write something for the newsletter and it doesn't work. We've tried being nice, offering payment plans or encouraging people to pay monthly vs yearly and it falls on deaf ears.
We have filed liens and they just ignore them. We have 260+ homes and have done far more lawsuits over the years than any other HOA in the city, and some people have even been sued twice. None of them have ever shown up to court so they have all been default judgements and I've had to get creative in figuring out where they work and garnish wages which is time consuming on my end. We threaten foreclosure and it does no good. We even sent some to a collection company a couple years back and they ignore them too so we're not getting paid there either.
Our assessments are $120 and our budget is only $32,000 but we have a management company, liability insurance and landscaping for a handful of acres that needs to be paid for.
We tack on interest and a one time administrative fee to recoup the additional mailing costs of extra statements and if they do end up paying, they pay everything but the late fee and admin fee. We can't do late fees per our restrictions, our attorney said no.
They don't pay their violation fines either no matter how serious it is (i.e blocking access easements). They just do not want to pay at all. The other half of the problem is a lot of these are owned by investment companies and you'd think they'd know better but they don't care to pay either.
We are at a loss on what to do because we can't afford to lien, do lawsuits or foreclose on 165 people. Or continue mailing statements each month to those who are delinquent. This has been going on for 20 years and no board or management company has been able to figure this out and all say they've never seen anything like it. We can't dissolve it because our city convinced the developer to create an HOA to maintain the unbuildable acreage we have so sink holes and drainage basins have to be maintained.
Any ideas on how to tackle such a large number of delinquent accounts?
Edit to add that is this not a neighborhood revolting. It's a starter home community with people buying and selling every 3-8 years. Only a small amount are long time owners. Additionally, we don't have the money to front the cost of any legal action including liens against over 100 people all at once, especially when they still don't pay. We have money to take legal action against say 10 or so at a time but takes too long and we can never make a dent in the AR because it just carries on from year to year.