Featured Post

Recap of 2016 HVPOA Annual Meeting

April 30th, 2016. The annual meeting was held at the Wilkerson Student Center @ BYU. Our president Randy Hill opened the meeting with Trust...

Thursday, February 9, 2012

Why we allow members to post anonymously.

Hello Friends, Family, and neighbors,

I'm Rachel LeFevre, one of the administrators of our community website, blog, and notifications and this won't be anonymous. This site allows members to post anonymously for an important reason. Its called protection. Why do we need portection? Well, think about it--this site has been inactive (most members were pretty content with low dues and good roads) for about 10 months now. Then with the very first objection to an action of the board--the collections resolution--the board called an emergency meeting! Why, was there a fire, heart attack, shots fired? No, a letter was sent by a concerned member trying to inform members of both sides of the resolution so they could make an informed vote. Concerned members contacted the board on a point of order as to voting without a complete information about the resolution. Whether you agree or not, what is the problem with open discussion?

Members are cautious about identifying themsleves becasue of boards that act rashly whenever members have differeing opinons. So it makes sense that if we want members to feel free to express their opinions without reprecussions, we allow them to withhold their name.

We've posted on the blog about collectins resolutions and a number of member comments--why don't you read what other members have to say (both sides-click here) and feel free to come to the meetings. Next one is Feb 25th in Mt Pleasent at 10am.

As in the past, all opinons are welcome, we only edit out mean and attacking comments--but all opnions are welcome. So please share with the new and old members.  

Concerned   Rachel  LeFevre

push HOA boards for harsh collections practices

There are a lot of concerns going around about Hideaway and those who haven't paid their dues. Collection practices can be touchy and so eaisly abused.. Some members just think if pay your dues, you don't have to worry about harsh collection practices--others say what happened if your spouse is killed and you are left scrambling to pay bills? What happens if you become disabled and and have huge hospital bills? What happens if dues goes up and up but your income is fixed???? We are a community and both sides need to be looked at. Read this blog from another HOA where members freely discuss both sides and don't put each other down--its refreshing. Then read below where we have added the comments by our members to the Member to Member site over the recent vote on the collections resolution.
The Privatopia Papers: The Next Foreclosure Fight: "I agree that Bill is making a good point about not only the existence of these extra charges, but the fact that they create an incentive for the professionals to push HOA boards for harsh collections practices. Then, of course, these professionals get involved in the policy process and argue that these practices are quite virtuous.
I think association collection practices need much more government oversight. The lien should cover the assessments only, not the attorney fees and late fees going to the management company, and other such byproducts of the collections industry. The owner should be able to save the home by paying the overdue assessments. Let the professionals pursue a money judgment for whatever they think they are owed and let that be limited by public policy."
Below are the member's comments that we give WITHOUT JUDGEMENT: In addition we did not use names unless the emails were signed and we had permission: 

We would certainly have liked more information about the collections processes before voting...no one invited us to sign a petition, but we would have if we had had the opportunity. anonymous

Although I want dues collected as much as anyone (having helped file over thirty liens and write a slew of warning letters) I will never support collection practices that force members to sign away their rights under the law in order to make payments. This practice is called predatory and has been out lawed in many states--unfortunately Utah is not one of them. Shelly M. Lot 333, 332, 331.

forgive me if this is not the proper way to voice my opinion i personally dont know or care how the dues are collected nor do i ever plan on finding out how the process of collecting dues works that is simply because I PAY MY DUES  and will continue to pay my dues if you all would just do the same then it shouldnt concern any of you either the only conclusion i can make of it is some of you have to much time on your hands and nothing better to do with your time i hope that the association can get the dues collected in a timely manner without any law suits or other complaints.     jesse strasburg 218  

If i knew exactly WHO this was coming from I would pay more attention to it. jack

I want us to challange the vote to hire an attorney to collect dues.  I don't see anywhere on the page to do so. Thank you for your eye in the sky.  Thank you for up-dating us. Louise Knapp Lot -233

Im sorry but who is this? anonymous

Collections have and will continue to be done without extra legislation from the Board of Trustees.  Consider voting this resolution down.  It is a dangerous piece of work and rewriting it is like painting an alligator and expecting him not to bite.  This resolution will also creat accounting nightmares for both the bookkeeper and the membership. anonymous

I have posted to the members blog my opinion about the collections resolution issue. Holzworth

I would suggest we amend the bylaws to prohib meetings in members house.  The Decemer 26, 2011 at 2 PM at Roys house goes a long way to excluded members of our association with jobs out side of the home.  Seems a little odd to have the association run buy a bunch of retired guys in thier 70's. anonymous

Friday, February 3, 2012

Fair Debt Collection

Ever stop to think what people in other states are going through? Here is some info form California--Is sit possible that Federal law applies here also? It might be a good idea for members to review some of the Fair Debt Collection practices as it relates to Associations. Have any friends? How about enemies? They still may need to know there are a few laws left in America. Invite them to click on this article and learn.

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from making false or misleading representations and from engaging in abusive and unfair practices in the collection of consumer debt. Violations of the Act can result in fines and damages against the association plus attorneys' fees.

FDCPA Applies to Assessments. Associations that hire third parties to collect delinquent assessments, such as lawyers, collection companies, and management companies, are governed by the FDCPA. In Thies v. Law Offices of William A. Wyman (SD Cal 1997) 969 F.Supp. 604, the court held that homeowner association assessments fall under the Fair Debt Collection Practices Act. The FDCPA requires that certain disclosures be made to homeowners. In addition, debt collectors are prohibited from making harassing telephone calls, making idle threats, directly contacting owners represented by counsel, etc."

'via Blog this'