I’m the board president of a relatively new HOA in New Mexico with 157 single-family houses. We’re a small, three-member board, and I’m feeling pretty stuck trying to get our neighborhood on track.
Here’s our situation:
Developer left unfinished common areas: Our developer turned over the neighborhood without completing landscaping in several common areas. We’ve been told it was because they “didn’t make enough money” on the development. We’re now looking at potentially $75,000 just to landscape one area, with other areas still needing improvements.
Major delinquency problem: We currently have 24 homeowners who are 60+ days delinquent (about 16% of homes), including 10 who are over a year behind and have liens filed. Some have just never paid a single monthly assessment.
Very limited income: Our dues are currently $35/month, increasing to $42 in 2027. Even with the increase, our budget is extremely tight, especially with so many homeowners not paying.
Management company sucks: We switched to HOAMCO about a year ago, and I’m regretting that decision. Our first management company closed because the owner retired so we had to switch. We pay approximately $1,275/month in regular management fees, plus additional collection-related charges. I’m frustrated by the lack of proactive assistance with our financial situation.
Collection costs are ruining our budget: We’re paying HOAMCO an average of $1000+ per month in collection fees and filing liens on delinquent accounts, while many of those homeowners still aren’t paying. So we’re spending money trying to collect money we don’t have.
Foreclosure seems like our only remaining option: We have liens on the seriously delinquent properties, and I don’t want to have to pursue foreclose but allowing homeowners to go indefinitely without paying isn’t sustainable or fair to everyone else. More importantly, we don’t really have the money to pursue foreclosure in the first place.
Financing seems impossible: We’d like to obtain a loan to complete the common areas rather than wait years to save enough money, but our delinquency rate and tight budget seem likely to make qualifying difficult. HOAMCO’s preferred bank refuses to issue a loan if we’re above 10% in a 60-day delinquency rate.
Limited reserves: We have some reserve funds, but we’re trying to protect those for future major repairs, including potentially expensive irrigation issues. Spending everything on landscaping doesn’t seem responsible. We also haven’t done a reserve study yet to know how much we’ll need. HOAMCO says a reserve study will cost $8000 so we couldn’t even afford to do that any time soon.
Considering switching management companies again: We’re seriously considering leaving HOAMCO for these reasons (and many other complaints with their service), but changing companies comes with its own complications like people not knowing where to send payments, and I’m not sure another company would handle this situation any better but another proposal from a local company we have seem promising and they have a great online reputation.
We’ve been trying to cut expenses, improve collections, plan a realistic budget, and find ways to get the common areas completed without putting an unreasonable financial burden on homeowners.
I feel like we’re caught in a death spiral: We can’t complete the improvements without money, we can’t easily borrow money because of delinquencies, and collecting the delinquent money may cost more than we can currently afford.
For anyone who’s dealt with a similar situation:
How did your HOA address a high delinquency rate without spending a fortune on attorneys and foreclosure?
—I’ll start calling around to real estate lawyers and see if we can do a deferred-fee agreement. I’d hope a lawyer would love a situation where we bring them this many houses / potential revenue streams.
——I’d certainly hope most people would pay when they get a letter threatening foreclosure and need no further legal action.
—HOAMCO has no advice, their recommended lawyers all charge per hour as they go.
Has anyone successfully negotiated collection fees or found a management company that handles collections more affordably?
—HOAMCO and this second management company I reached out to refused to charge the fee only to the homeowner instead of the association.
Have any small, newer HOAs successfully obtained financing with delinquency rates this high?
Is there any realistic recourse against a developer who turned over unfinished common areas?
—I’ve reached out to every government official’s office I could get contact info for and none are willing to help or look into it. I’m going to see about getting my hands on the paperwork for the transfer of the land to the HOA to see if there’s anything in there but I’m sure legal fees would cost as much or more than the landscaping anyways.
Would you prioritize replacing the management company, pursuing collections, or putting the landscaping on hold?
I’m trying to do right by the homeowners who actually pay their dues, but it feels like every potential solution creates another financial problem.
I’d appreciate any advice, especially from board members who’ve managed to turn around an HOA in a similar position. Thank you in advance!!