Last week, 9News and the Rocky Mountain chapter of the Community Associations Institute hosted a HOA Line 9 call-in program on homeowner-association questions. The local chapter provided answers to some of the more commonly asked questions.
Q: I’ve lost my job and have become delinquent in paying my HOA dues. Can I set up a payment plan with my board, and what can they do if I can’t pay?
A: If you are experiencing problems with paying your dues, it’s important that you take the bull by the horns and contact the manager or board of your association to discuss your situation and options for a payment plan. Be honest with them about what you can afford to pay each month to cover the delinquency and then follow through on the payments. If your association is not in a position to enter into a payment plan or you do not follow through with the terms of the payment plan, the penalties can be quite severe. The association can obtain a personal judgment against you for the full amount of the delinquency (including reasonable costs and attorney fees in pursuing the judgment) and garnishee your bank accounts and wages to collect the judgment. The association also has a statutory lien on your property for the total amount of your delinquency and can foreclose on your home.
Q: I live in a condominium association. Our roof is in dire need of repair, yet our HOA will not fix it. What can be done to get them to repair the roof?
A: Assuming the governing documents of your HOA require the association to repair and replace the roofs, go to your association’s next board meeting to ask about the issue. The association probably has a plan in place for the timing of the repairs or replacement. It’s also possible the association is experiencing some funding problems based upon assessment delinquencies and foreclosures in the community. The key is to get informed and have a constructive dialogue with the board about the condition of the roofs and about the steps the association is taking to address the issue.
Q: Can my HOA make me paint my house?
A: One of the benefits of living in an HOA is that property values are enhanced by regulating the aesthetics and curb appeal of the community through architectural guidelines. It is extremely common for associations to have the authority under the governing documents to regulate the colors that houses may be painted and to require that houses or trim be painted as the association determines is necessary. To find out whether your association has this authority, you should review the declaration of covenants, conditions and restrictions and associated architectural guidelines for your association.
