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3/6/2012 6:33:58 PM
 
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Section 5: OPA Board Subject: OPA Loses IRS Case Msg# 823837
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Joe:
"I believe it is more complicated than you think" Stop drinking the Kool Aid. It is a really easy process. OPA initiates law suits against a large number of its members for silly reasons like no lattice on a porch or an unregistered car in the driveway. I do not know of any suit filed against an owner for delinquent assessments. Our documents allow for the OPA to: "publish the names of members who shall fail to pay charges made by the Association; to sue to collect any of such charges as are not paid; to impose a lien against any real estate in the subdivision that is owned by the delinquent member of the Association for any such charge as is not paid when due; and to foreclose any such lien." To the best of my knowledge the filing of the lien is about all OPA does in a majority of the cases. Marty |
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For reference, the above message is a reply to a message where: Lastly limiting the number of passes sold to the number of spaces in the lot would be a disasterOh well, we lost, no suprise, when was the last time we won a court case? Against SPN related to the failed original Community Center project. Lastly limiting the number of passes sold to the number of spaces in the lot would be a disaster It would also be absolutely STUPID, probably costing the association $250,000 a year in more red ink. On the issue of unpaid assessment, if they are at least a year past due file suit today in county court, get a judgement and force a sheriff sale, when notices of the sale get glued to the front door I bet you will see some action. I bet we could find a young lawyer that would do it on a contingency basis, maybe a third of everything collected. I believe it is more complicated than you think. Among the many issues to consider is foreclosing and ending up with a property that has a mortgage higher than what it could be sold for. |
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