Hi April,

The best way to start is to get the documents from the last several board meetings, perhaps the last 3 or 4. Also get a copy of the insurance summary and budget (annual and a few monthly ones). If they don't meet every month, then adjust the times as needed.
The next thing to do is to go the the association meetings. Your management company (the one you send your fees to) will have the schedule. Tell them you want to speak at the owner's forum, often this is at the beginning of the meeting. Ask the association (called the AOAO Board) what they are doing. Tell them what your concerns are. Ask for specific dates to get things done, but more importantly offer solutions. The AOAO Board is made up of owners like you. If you want to handle the finances, become the Treasurer. They are sometimes short on talent or interested members and could use a fresh look.
All of the units should be paying dues even though 40 are filled. Every one of them should have an owner that is paying fees. If they are not, place a lien on them after an agreed upon time on non-payment, typically 90-120 days. You can foreclose on them after that.

I have been on AOAO Boards for 6 years, feel free to send me any further questions.

Aloha,
Frank Diaz, MBA (RA)
East Oahu Realty
808 723 0900

Aloha, April. I'm sorry to hear about your situation. It's all to common in this market and these economic circumstances, and I can understand your frustration.

Unfortunately, the true answer to your question is that you should seek legal advice. Not paying your association fees can result in consequences such as a lien being filed against title to your property, it could result in a ding on your credit just like any other late payment, and there may be other consequences depending on your individual circumstances.

The best advice I can give you as a Broker is to get involved in the association such that your voice is heard - loudly - perhaps even volunteer to be on the board.

If you want information on the current value of your property, I am happy to provide that to you free of sales pitches and obligations, just email me: katie@hawaiilife.com

Warm aloha and best of luck to you.
Katie Minkus, R(B)
Broker-in-Charge
Hawaii Life Real Estate Services