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Can HOA dues be collected if no annual budget has been approved?


Question:

My question is, are HOA monthly dues be collected absent an adopted budget. My association has one meeting per year with only one item on the agenda, a yearly financial report. No discussion is held or allowed (police are hired to remove people if they wish to speak). Monthly statements are sent out with the amount due. Neighbors have had to hire attorneys to get the roof fixed because the president refuses to take care of this issue. I have hired an attorney to send a letter requesting budgets, minutes, and discussion be allowed. There was no response from the association attorney or change in the Board’s behavior. Twenty-two (22) % of the units are in arrears for assessment. Since the Board neither presents nor adopts a yearly budget (required by state laws and condo bylaws) nor files a lien I was wondering if housing court would ever recognize the lien. Any thoughts?


Answers (14)

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