Budget Time

Budget time is upon us, and boards are trying to figure out how to collect past-due assessments so they can meet the association’s budget. Here are a few tips to make sure that you can collect assessments: 1. Make sure you know who owns the property. When you send notices that assessments are due, or […]

Special Assessments

Two of the words most dreaded by community associations are special assessments. When you purchase property governed by a community association, you agree to be subject to the governing documents of the association. The governing documents, usually the declaration or bylaws, give the association the power to levy and collect assessments. In most cases, there […]

The Other Foreclosure Threat

When an HOA levies assessments, it counts on being able to collect the money from every owner. It’s a reasonable assumption – both condominiums and planned communities have the power to collect both assessments and any costs incurred while chasing an owner who does not pay. Associations also have a lien on a debtor-owner’s property […]

Rules and Assessments

If asked, many would say that the most important things a homeowners association takes care of are collecting assessments and enforcing the rules and regulations. In economically prosperous times, it’s a virtual no brainer–get a reserve study, create a budget, and assess accordingly. Associations need to design a concrete set of rules, an enforcement resolution, […]

Renters

In today’s economic climate, many owners of condominium units, townhouses, and single-family homes are opting to rent their homes in lieu of trying to sell them in a down market. This scenario, however, has the potential to create many problems for homeowners associations. One such problem is what to do when an owner has a […]

Fee or Tax?

Question: A state statute in Oregon prohibits local jurisdictions from passing a real estate transfer tax, yet HOAs are passing real estate transfer “fees” that have grown to be substantial, often one percent of the sales price and certainly more than required to cover any administration costs that might be involved in a title change. […]

Annual Assessment Time!

As the New Year rolls through our neighborhoods, replacing sparkling lights with Broncos flags, with newly resolved joggers in the street and dead trees curbside, many people will also be facing another seasonal inevitability: the arrival of an annual assessment bill from their homeowners or condominium owners association. Assessments aren’t a mortgage payment, nor are […]

The Truth About Assessments

“Assessments” may be the most commonly used word in homeowners association vernacular, but what does it mean? Both the Oregon Planned Community Act and the Oregon Condominium Act define the term to include any charge levied against an owner by an association. Annual or monthly dues? Assessment. Fine for parking your R.V. out front? Assessment. […]

Late Charges

Associations typically charge both late charges and interest for the late payment of assessments. Some associations charge only a late charge and some charge only interest. Any one of those scenarios is acceptable. For the purpose of this article, we will focus only on late charges. It is customary that when an owner does not […]