What Happens If You Don’t Pay HOA Fees?

What Happens If You Don’t Pay HOA Fees?

January 11, 2024

As homeowners’ associations (HOAs) strive to maintain shared spaces and uphold a collective standard of living, the issue of delinquent payments can strain relationships, finances, and the overall well-being of a neighborhood. In this blog post, we delve into the complexities surrounding HOA fees and non-payments and explore common ways fees are used, potential consequences of not paying them, and practical strategies to prevent late HOA fees.

What is an HOA fee?

An HOA fee is a regular payment made by residents of a community or housing development to the homeowners’ association. These fees are often referred to as dues or assessments.

The HOA is typically responsible for managing and maintaining common areas and amenities within the community, and the fees contribute to covering the associated costs. While it varies, here are some things HOA fees may cover:

  • Common area maintenance: HOA fees are used to maintain and repair common areas within the community, such as parks, playgrounds, swimming pools, and other shared spaces.
  • Landscaping and groundskeeping: Fees often cover the cost of landscaping services for common areas and the upkeep of community green spaces.
  • Exterior maintenance: HOAs may use funds to maintain the exterior appearance of buildings, including painting, roof repairs, and other structural elements.
  • Amenities: If the community has amenities like a clubhouse, fitness center, or tennis courts, HOA fees contribute to the upkeep and operational costs of these facilities.
  • Security and surveillance: Some HOAs allocate funds for security measures, such as gated entrances, security personnel, or surveillance systems, to enhance safety within the community.
  • Utilities: HOA fees may cover utilities like water, sewer, and trash removal.
  • Insurance: The HOA may obtain insurance coverage for common areas and shared structures.
  • Reserve fund: HOAs may set aside a portion of the fees into a reserve fund to cover unexpected expenses, repairs, or future capital improvements.

Can HOA fees be waived?

Waiving HOA fees isn’t a frequent practice, as these fees are essential for the well-being and upkeep of the community. However, there may be circumstances where a homeowner might seek relief or exceptions.

For example, some HOAs may consider temporary relief for homeowners facing financial hardship. In such cases, the homeowner may need to provide documentation or evidence of their financial difficulties.

In addition to regular HOA fees, there might be special assessments for specific projects or unexpected expenses. Homeowners usually cannot waive these assessments, as they're necessary to address needs within the community.

It's important for homeowners to check HOA bylaws and regulations, as the ability to waive HOA fees is ultimately determined by the relevant laws and rules and policies established by the HOA.

What are HOA non-payments (delinquent fees)?

In simple terms, delinquent payments refer to unpaid HOA fees and assessments. The definition of a delinquent payment can vary by association, and you can typically find the criteria outlined in your HOA's governing documents.

For instance, some associations classify dues as delinquent only if a resident fails to pay them consistently for three consecutive months, while others may have more stringent guidelines in place.

How do non-payments affect my HOA?

HOAs depend on assessments or dues as their primary source of income. When it faces financial shortfalls, the board typically has three options:

  • Cutting financial corners.
  • Accessing reserve funds.
  • Imposing special assessments.

But these are the consequences:

  • Opting to cut financial corners poses a risk to the quality of maintenance and repair work in the community, potentially resulting in an unsafe environment.
  • Tapping into reserve funds isn’t ideal, as these funds are intended for emergencies and future replacements, not day-to-day operating expenses. Using reserves may require the HOA to charge higher fees the following year to compensate for the loss.
  • Lastly, if the operating fund cannot meet daily expenditures, the board may resort to charging special assessments, an unpopular choice among homeowners.

What happens if you don’t pay your HOA fees?

Not paying HOA fees can lead to consequences for homeowners. Consequences may vary depending on the specific rules and regulations outlined in your HOA's governing documents, but common repercussions of not paying HOA fees include:

  • Late fees and interest: Most HOAs impose late fees and interest on overdue payments. These additional charges can accumulate over time, increasing the amount owed.
  • Loss of privileges: Non-payment may result in the loss of certain privileges or access to amenities provided by the HOA. This could include restrictions on using community facilities like pools, gyms, or clubhouses.
  • Collection actions: HOAs may have the right to take legal action to collect unpaid fees. This may involve sending collection notices, hiring a collections agency, or pursuing a lawsuit to obtain a judgment for the amounts owed.
  • Liens on property: In some cases, an HOA may place a lien on the homeowner's property for unpaid dues. This means the HOA has a legal claim against the property, and the debt must be settled before the property can be sold or refinanced.
  • Foreclosure: In extreme cases, an HOA may pursue foreclosure if the homeowner consistently fails to pay dues and accumulates a significant amount of debt. This could result in the sale of the property to recover the outstanding dues and fees.

Tips for paying your HOA fees on time

To guarantee you’re never late on any HOA fees, here are some tips:

  • Automate payments: Arrange automatic transfers through your bank or credit card to ensure consistent and timely HOA fee payments.
  • Set calendar reminders: Schedule regular reminders to review and confirm pending payments.
  • Exceed minimum payments: Strive to pay at least double the required minimum amount each month (or every other month) to stay ahead and minimize the risk of falling behind.
  • Stay organized: Maintain organizational discipline in managing future HOA payments by keeping records and staying proactive in your financial responsibilities.
  • Monitor payment changes: Keep a vigilant eye on any alterations in payment amounts and promptly reach out to the association if you need details.
  • Update your personal information: Ensure all personal details linked to billing, such as contact information, are kept current to facilitate smooth communication and transaction processes.
  • Understand non-payment consequences: Familiarize yourself with any penalties or repercussions for late payments, such as increased interest rates or potential legal actions, to address any issues proactively.

Avoid non-payments with TownSq

As a responsible homeowner, it’s important to keep up with your HOA fees—and what better way to do this than with an easy-to-use platform like TownSq? TownSq is a management application for HOA communities that homeowners, board members, community managers, and management companies can use to stay connected and complete tasks, including paying HOA fees.

Let your board know about TownSq’s 30-day free trial and see how automatic reminders and payments can help decrease non-payments and increase the community’s overall value!