Sun Lakes Home Owners AssociationSun Lakes Home Owners Association, Phase II Unfair late charge assessment. Sun Lakes Arizona

I somewhat disagree with this property management company employee, and especially insofar as her representations about "priority of payment," as that differs many times under state law, not merely in what she refers to as "your governing documents." Also, in many documents the Board and property management company are not given unilateral power to raise any fees, or collect junk fees at all without consent or votes of the membership. Many of the older communities were not meant to be dictatorships, but there at the will and accountability of the members and membership.

That said, I agree about buying into one. It is corporate socialistic land use, not ownership in the slightest. I wonder what Ben and Tom would think about HOAs, with your neighbor given the power to seize your land for not paying arbitrarily leveraged assessments, or if your neighbor didn't like the shade of your paint. This is socialism, and hardly what the founder's intended for land and property ownership. They aren't apartments either, where the property management company was intended to have a great deal of power over the owners of these properties since the only real land ownership or control primarily the Association was intended to have was over strictly the common areas, the "corporately" owned properties.

It has been the lobbying of property management companies, collection and foreclosure lawyers, insurance companies, banks, etc., etc., that have changed these "associations" into money pits for the owners of these properties, and cash cows for those industries.

Move. Move now, even with the market as it is. They just "assessed" and "taxed" you over $1,400 without your vote or consent - and for what?

I work in property management. If your special assessment was late, you can and will be charged a late fee. The amount of the late fee (in your instance, it appears to be a percentage of the over due amount) is set up by the Board of Directors. This will be in your governing documents, which you should have gotten when you bought into the Homeowners Association. (These would have been provided to you by your realtor or escrow company. It is not the Homeowners Association's responsibilty to provide you with these documents) It is up to you to know what is in these documents. Most associations have a "Priority of Payment" which means that the next time you make payment they first pull out for fines and late fees, anything left is then applied to the special assessment and THEN maintenance fees. So if you don't pay your fine, but continue to pay your maintenance fees, the fine will come out of your next payment, and THEN your maintenance fee, leaving you short and incurring further late fees.

Since you were (by your own admission) late in payment, the circumstances are moot. You agreed to pay all maintenance fees and special assessments when you bought in. The Homeowners Association had set up the late fees. You don't have any recourse at all. If youu refuse to pay, they will continue to pile on late fees and you WILL get a lien put on your home and lose it. i see it happen EVERY SINGLE DAY.

As the girl who talks to people regarding late fees everyday, I will give a word of advice. Be nice. It goes a long freaking way. If someone calls and make a understandable error, I will waive their fees. If someone calls up, and tries to be antagonistic or rude, I'll be damned if I waive them.

That being said, I would personally never, ever, ever buy into a homeowners association. ever.