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Owner of vacant lots not paying HOA fees


Question:

We have a small HOA (5 occupied units to date) in Michigan, the developer resigned from being President at our last HOA meeting and nominated another homeowner (his “yes” man for some time) to fill his vacant position. We have 2 remaining lots that need to be sold, these lots are in his sons name of which he is not paying any dues on them. Our bylaws state that the developer does not have to pay dues until they are built on and the city has issued a “CoO”. These lots have been in his sons name for several years without any dues being paid (I’m sure it is because the ex- President was thinking he didn’t have to pay because he was the developer). 
Because he is not a landowner/homeowner, can we collect dues from his son, whose name appears on the city tax rolls? The ex-President is a VERY unscrupulous, devious individual that likes to bully everyone and will go out of his way to make everyone's life miserable.
Is there a statue of limitations as to how long he can go without paying dues? The lots are on the market but with the price he wants, they’ll be sitting there for a while longer. In the meantime we are not collecting any revenue from them as an HOA and have to pay for all the expenses with what little money is collected from the current homeowners.
 


Answers (8)

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