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Condo association changes locks after assessment default

Posted on Wed, Apr 28, 2010 @ 05:34 AM

special assessmentMy condo association (HOA) is charging a "special assessment" this year. (The second in 8 years.) They sent a letter at the beginning of the year telling us we could make a discounted lump sum payment, or make payments each month. The total (without discount) is due at the end of this year.

I sent them a letter to tell them I have been unemployed for 2 years, and cannot pay monthly, but hopefully will have a job this year, and pay the total by the end of the year. They have changed the locks on the clubhouse and pool, and were distributing the keys today at the yearly "voting for new members" meeting. I went to get my key, and was denied because they say I'm behind in my fees. I am paid to date in the fees, but not the new assessment.

Can they do this? Deny giving me the new key to the pool, which I had access until they decided to spend money on changing the locks, which they have done twice in the last 8 years. Does this mean I don't need to pay the assessment unless I want pool access? I was unaware of this "rule" until I went to get my key. This is in Indiana. Is it legal?

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I would say yes it's illegal! I live in IL and nothing pleases our HOA more then to do these types of things. The LAW in IL empowers these associations...As long as you have not lost your right to occupy, you should have the same rights as every other memember.. Check your IN state statues and also you declaration and bylaws...I would also seek legal advice ASAP!

posted @ Wednesday, April 28, 2010 7:38 AM by amanda

Is it legal for an owner to make you sign an extending lease to in order to replace the garage. This garage was supposed to be replaced once we moved in. It has been 10 months and the garage is still not replaced, the garage door is smashed in from the outside and does not close all the way. We animals living in the garage. I just would like to know if this is legal for him to ask that of us?

posted @ Wednesday, April 28, 2010 8:49 AM by Dan

While it seems reasonable for HOAs or Neighborhood Associations to restrict access to common areas for out of compliance owners or their guests / tennants, we have seen situations where it works out better for the associations to put leins on properties to protect their interests, rather than frustrate an owner who may be having a hard time making ends meet. These are not the best of times for many of our neighbors, no matter where you live. For some, the sense of community or belonging, even to their local HOA is important. Working together to change CC&Rs is often difficult and sometimes expensive, but is usually better than (further) alienating our neighbors / community members.  
HOAs themselves also need to look at ways to create sustainable funding programs by consolidating common expenses and putting the savings to work to avoid future assessments, cover deferred maintenance issues, etc. Get creative!  
My company offers solutions for sustainable funding (think PBX and WI FI campus systems)nationwide, but my perspective on this comes from being a real estate investor with many types of properties and sitting on various HOA memberships & board appointments over a period of many years in different states and even countries.

posted @ Wednesday, April 28, 2010 12:30 PM by John D.

1: typically SPA are hundreds of thousands of $$, so this would limit creativity 
2. what is your comapny

posted @ Monday, May 03, 2010 9:43 AM by Troy

My daughter purchased a condo in Lakewood OH - since purchase, Assoc assessed an increase of $20,000 to each for unnecssary repairs like modernizing the entrance, new carpeting, wallpaper and door fronts on each unit, repaving the entire grounds, etc. As of yet, the elevators which are in desperate need of repair go unattened to. Now, the Assoc says it can't get the money needed to finish the projects and on top of all, want each owner to come up with an additional $1,100 per month. There are approx 50 senior tenants who have had to file bankruptcy due to this and loose their homes. Now they are stating that the workmanship in the paving is bad and it needs to be redone at homeowners expense. Due to the economny and this outrageous assessment, it is impossible to sell and even break even. Can you help please?

posted @ Thursday, May 06, 2010 7:41 PM by Jean

Jean: Hand the keys over to the bank. Walk away.

posted @ Tuesday, May 11, 2010 12:58 PM by Ed

Here in Florida it is legal for a condominium association to deny a unit owner use of the recreational facilities (i.e. Gym, pool, others) but not access to the lobby or elevators if the unit owner is not paying his/her share of the fiances of the Association. 
Ammenities such as valet parking probably fall into that catagory.

posted @ Sunday, May 23, 2010 5:15 PM by mary browning

I fell behind on my association dues when my husband and I separated 2 years ago. Last year I made a large payment towards the balance owed and have been making my monthly dues plus extra towards the outstanding balance. I had a payment plan set up with the association last year and have been making payments every month. I have been denied a pool key until I have paid the balance in full. I live in Miami, Florida. Is this legal for the association to do this? I even had to go to court because even after I entered into a payment plan that was approved by the association they tryed to foreclose on my unit. Fortunately for me, the judge ruled in my favor.

posted @ Thursday, May 27, 2010 11:47 PM by Miriam B.

Mary Browning, where can i find additional info to what you posted. Im in Florida

posted @ Tuesday, September 28, 2010 12:50 PM by Erick

hello Mary Browning , can you give me a place where to find back up for this , i am being denied access to the intercom which provedes access to lobby in my building  
Thanks i will really appreciate it

posted @ Tuesday, February 22, 2011 2:36 PM by ximena

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