1. "I have heard of a townhome community where an owner is not paying his HOA fees resulting in the HOA assessing the owners who diligently and responsibly pay their fees"

If the owner is not paying their fees then they are not in good standing with the HOA.

2. "If so, do the conscientious owners have any kind of recourse?

First check the bylaws then read chapter 475 florida statues. (I can not answer this question better because I am not a lawyer. You should consult a lawyer if needed for this answer.)

3. "I certainly would not be interested in buying into a community if a HOA can wield this kind of power. "

They are given the power by the developer in some cases because homeowners wan't to make sure everyone keeps their property in good order otherwise the community might become unkempt.That might decrease their home values or just might not be appealing to them. Sometimes the HOA is necessary: in the case of townhomes it describes who is responsable for the maintenance of common areas, walls, roofs etc...

4. How can a potential buyer research/learn about the "powers" an association can exert over its community's home owners?

You can request to view copies of the documents before you write an offer, a good listing agent will already have them on hand.

David Chamberlain
727-239-2188

Hey Janice, think we have discussed this before, or at least a different tune on the same melody. The HOA or COA is run by the Homeowners, if they need more money they can increase the fees by majority or super majority vote. The Assoc. do have have the right to lien and foreclose on non-paying u ir owners.

You would have to get a copy of the bylaws, rules and regulations to see what they can or can not do. In smaller complexes one unit not paying can affect the budget of the association by not paying. The association needs to be diligent in assessing liens of the property and have an attorney who can go after the back fees, HOA's do have the right to terminate services if the person is not paying, i have seen them turn off water, cut heating pipes and make life miserable for the non payer. There may be state laws that are different from state to state. In larger HOAs 1 non payer would not have an affect. A good HOA will have a short term balance and a long term account in case of emergencies. you should get a copy of teh current and upcoming budgets along with a copy of one years minutes to teh meetings to see what is going on. good luck with your search