Homeowners who don’t pay HOA dues can have rights suspended

Q: Our homeowners association rules and regulations state common elements, sometimes referred to as "common area," "shall mean and refer to all common area lots or parcels of land that are conveyed by the (builder) to the association, together with all improvements located thereon, including without limitation, all shrubs, trees and other landscaping sidewalks."

In our community, these areas include the front property and landscaping of each residence up to the privacy gate.

Our rules say the association is required to maintain, repair and replace all of the common elements within the community, which include landscaping and irrigation systems. We have done a fine job in doing this.

It has come to my attention under the suspensions and fines section of our rules, it states: "To the fullest extent allowed by law, the membership rights and privileges of a member including, for example, voting rights and right to use the common elements, may be suspended by the board for a period of time during which any assessment on his lot remains unpaid."

May the association interpret these statements to mean if a homeowner does not pay her assessments, the privilege of maintenance of landscaping and irrigation systems on her property can be suspended until the problem is corrected?

A: Generally speaking the suspensions of rights and privileges would pertain to voting and the use of the common elements -- the amenities, such as the swimming pool, clubhouse or exercise room, not the landscaping and irrigation system.

According to your documents, the association is required to maintain, repair and replace the landscape of each residence up to the privacy gate.

For a more practical response, why would you want to suspend the maintenance of landscaping and irrigation system that would have a negative impact on the appearance of your community?

You have the option to begin foreclosure process on a nonpaying homeowner besides the suspension of voting rights or use of the amenities.  You should be initiating these options.

Barbara Holland, certified property manager, is president and owner of H&L Realty and Management Co. To ask her a question, email support@hlrealty.com.