I thought HOA dues were paid/collected in advance?
We are billed yearly with payment due twice a year.
This builder is on a list of approved builders for community...can we remove him from that list and not allow him to build? He just took over the company that is the declarant for the community. The declarant was to sign over common area by 2009 and never did....refused to.... association has been paying taxes on common area. The builder purchased this lot under the declarants first right to purchase.
So he would be required to pay from date of closing through the end of the year ...... second half of the year dues are July-December.
Everything I am reading says that dues are paid in advance.
Your question was whether you could require a full year's dues paid in advance, implying that you wanted dues for 12 months from the date of the sale and that no one else is asked to pay those amounts. If your HOA by-laws require everyone to pay a year's dues upfront when they buy, yes, of course, that is permitted. I'm not sure what you mean by "everything I'm reading," but you're bound by the requirements of the by-laws and declaration. Those are the starting point for any questions about what the HOA can and cannot do. The bylaws might require that dues be prorated to the date of purchase, so it's important to see what those documents say.
Ok...thanks...so many other issues I havent touched on.
One last question:
If the statue of limitations has run out.....the declarant can then stay in control of common property or can we still moved forward to have property turned over?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).