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bpj62

(997 posts)
19. HOA Dues and Disclosures
Fri Nov 15, 2013, 03:46 PM
Nov 2013

Lets not debate whether this women understood or did not understand the notices. The Association forclosed on her property for one very simple reason: She owned the property free and clear. She had no mortgages and her Real Estate Taxes are current. if she had a mortgage on the property then the HOA would not have forclosed because they would be responsible for the payment of the mortgage as a junior or subordinate lien holder. This was a calculated move by the Association. They now own a property that they can sell for value and do what they want with the proceeds. Although I believe that this is a deplorable act it is a perfectly legal way for the association to recover its monies. HOA boards are run mostly by frustrated power hungry people who like to make other people miserable.

"the association did not know anyone lived at the house." progressoid Nov 2013 #1
WOW. reddread Nov 2013 #2
I could NEVER live ANYWHERE there was an HOA. bvar22 Nov 2013 #3
+100000 woo me with science Nov 2013 #134
Sorry folks jehop61 Nov 2013 #4
$288 dollars? Not like I could sell her house! reddread Nov 2013 #5
I'd pretend I was a human being and have a bit of common sense Blue_Tires Nov 2013 #6
I too jehop61 Nov 2013 #8
really? how many houses have you seen sold out from under the rightful owner for $288? reddread Nov 2013 #9
$288 dollars is probably less than five percent of the value of her dwelling. Gormy Cuss Nov 2013 #15
Less then 5%? defacto7 Nov 2013 #33
.5% is less than 5% Gormy Cuss Nov 2013 #109
Businesses cannot sue in Small Claims Court. And I'm sure there was a lien for years Demeter Nov 2013 #94
"...pushed the system too far..." 99Forever Nov 2013 #99
Post removed Post removed Nov 2013 #100
"The system" is rigged. 99Forever Nov 2013 #101
"Steal" is right Art_from_Ark Nov 2013 #135
No one stole from her, she stole from her neighbors... Demo_Chris Nov 2013 #141
Is there some part of ... 99Forever Nov 2013 #143
Proportional justice would have been her paying her bills... Demo_Chris Nov 2013 #145
Two hundred and eighty-eight dollars is a trivial lien. Gormy Cuss Nov 2013 #110
Cheated on $48 a year? brush Nov 2013 #114
Yep. She's a con artist and manipulator who got burned by her own games. nt Demo_Chris Nov 2013 #140
So...you think she should lose her home ovee $288.00? noiretextatique Nov 2013 #17
Garnish her income or sue her and have funds from her bank account turned over functioning_cog Nov 2013 #31
Based on what? jeff47 Nov 2013 #40
Yes, they can garnish. If they sue in court one of the remedies assigned by the judge can be wage Pretzel_Warrior Nov 2013 #48
It happens all the time for things that aren't your house. jeff47 Nov 2013 #50
Not true. When my mom was dying of cancer...her finances were in disarray. Her HOA Pretzel_Warrior Nov 2013 #51
It's probably a state-by-state difference jeff47 Nov 2013 #52
Rules are for little people ... oldhippie Nov 2013 #37
First, she's an immigrant so she may not have understood the HOA agreements she signed. Also, as a okaawhatever Nov 2013 #7
Generous. Magnanimous. Good-will. LanternWaste Nov 2013 #12
Appalling, isn't it? noiretextatique Nov 2013 #21
Then what should have happened? jeff47 Nov 2013 #32
They could have gone to small claims court. former9thward Nov 2013 #55
Not in all jurisdictions jeff47 Nov 2013 #59
Are you really advocating taking the woman's house over $288 . . . brush Nov 2013 #115
Do you always ignore what you agree to do? jeff47 Nov 2013 #117
So you're still advocating they sell her house from under her? brush Nov 2013 #129
He sneers and rubs his hands in glee Generic Other Nov 2013 #131
And what eventually happens to Snidely Whiplash? Art_from_Ark Nov 2013 #132
Yeah, clearly the HOA should have stationed someone at her door jeff47 Nov 2013 #149
Then explain exactly what they should have done instead. jeff47 Nov 2013 #148
And you sound heartless Generic Other Nov 2013 #150
Name calling does not create a solution. jeff47 Nov 2013 #151
I am not calling you a name Generic Other Nov 2013 #152
Corporations cannot use small claims court in Michigan. They must go to District Court Demeter Nov 2013 #93
They could have taken her to small claims court Marrah_G Nov 2013 #153
Only humans can go to small claims court. The HOA is a corporation. jeff47 Nov 2013 #154
Businesses take people to small claims all the time. Marrah_G Nov 2013 #155
Sole proprietorships, partnerships and other business arrangements do. jeff47 Nov 2013 #156
Somebody thought they could pull a fast one Mopar151 Nov 2013 #130
Best post in the thread. woo me with science Nov 2013 #26
Aren't they required to get someone to hand-serve the eviction/sale notice? haele Nov 2013 #20
The exact details depend on the state. jeff47 Nov 2013 #45
It was not a trailer park Pretzel_Warrior Nov 2013 #46
That's why I edited it. $48 a year is a damn low HOA even for the South. haele Nov 2013 #58
Taking a woman's house for a $300 debt is inexcusable. DisgustipatedinCA Nov 2013 #61
Fuck HOA MattBaggins Nov 2013 #75
I'd sue her in small claims court KamaAina Nov 2013 #82
LOL, 387, posts. Hmmmmmm. n-t Logical Nov 2013 #84
Get real! brush Nov 2013 #112
Post removed Post removed Nov 2013 #123
Yeah, I don't think I'd SELL HER HOUSE to recover $288... sibelian Nov 2013 #133
So, you think that for a measly 300 bucks DiverDave Nov 2013 #138
So she should lose her home for a bill >$300? Seriously? How about small claims court first? uppityperson Nov 2013 #147
I have no sympathy for the snoots that live in HOA-controlled neighborhoods. nt HijackedLabel Nov 2013 #10
we're not snoots. We live in a very normal ($125-200K homes), but the builder started the HOA NightWatcher Nov 2013 #13
I imagine may people predicate their sympathies on zip codes rather than on the people themselves LanternWaste Nov 2013 #14
Went house-hunting a few years ago - every development w/i 20 years has an HOA. SomeGuyInEagan Nov 2013 #36
HOAs aren't the only way laundry_queen Nov 2013 #81
They are EVERYWHERE now Stargazer09 Nov 2013 #49
Then you don't know much. Most new developments have HOA set up by developer Pretzel_Warrior Nov 2013 #53
It might be different in other areas... HijackedLabel Nov 2013 #57
And so what if they are doctors, lawyers, engineers or whatever? penultimate Nov 2013 #72
It did. Here in Houston, where there is no zoning, HOAs are sort of necessary. ScreamingMeemie Nov 2013 #87
*rollseyes* penultimate Nov 2013 #71
She threw away the notices Beaverhausen Nov 2013 #11
So she threw away multiple notices, and multiple court summons jeff47 Nov 2013 #16
Do you think the HOA is entitled to her home noiretextatique Nov 2013 #18
I think the HOA is entitled to enforce the agreement she signed when she bought it. jeff47 Nov 2013 #22
Heartless... noiretextatique Nov 2013 #25
Golly, I'm so surprised that you followed up with a personal attack. jeff47 Nov 2013 #30
So you are Ok with people not paying their property taxes ..... oldhippie Nov 2013 #43
Property taxes are equal to a private organization's bill? former9thward Nov 2013 #56
The private organization's bill was a result of a contract .... oldhippie Nov 2013 #74
She was kind of dumb, especially for a businesswoman treestar Nov 2013 #144
Heartless is a start. Downright cruel gets closer to the mark. DisgustipatedinCA Nov 2013 #63
Reaalllly??? DragonBorn Nov 2013 #62
In most jurisdictions, small claims court is only available to people. jeff47 Nov 2013 #67
An HOA is a corporation DragonBorn Nov 2013 #69
Being a corporation means not being able to use small claims court. jeff47 Nov 2013 #70
Penalities and interest should have been enough to rectify the problem imho nt snappyturtle Nov 2013 #83
She wasn't paying them. How would they get penalties and interest? (nt) jeff47 Nov 2013 #89
Late payment fees....the HOA obviously expected her to pay, so snappyturtle Nov 2013 #90
And since she was not paying them, those fees an interest would be collected....how? jeff47 Nov 2013 #104
What I'm saying is that instead of taking her home they could snappyturtle Nov 2013 #113
And what you've failed to explain is how doing that causes her to start paying. (nt) jeff47 Nov 2013 #118
Well, let me guess....1) Lose home OR 2) pay penalties and interest. eodiscussion snappyturtle Nov 2013 #120
So....it would have been OK to foreclose if there were penalties and interest involved? jeff47 Nov 2013 #121
I could be wrong... Captain Stern Nov 2013 #34
Doubtful functioning_cog Nov 2013 #38
It actually turns out I was right. Captain Stern Nov 2013 #41
Yes, I was going to add that. From the post, i thought she didn't get a dime sammytko Nov 2013 #68
They don't get her home Sgent Nov 2013 #73
I read the article, the warning order lawyer warned them she hadn't been notified. haele Nov 2013 #65
HOA Dues and Disclosures bpj62 Nov 2013 #19
Thank you! It is calculated...and deplorable noiretextatique Nov 2013 #24
"Frustrated power hungry people" Stargazer09 Nov 2013 #47
BS! Demeter Nov 2013 #95
According to the article lancer78 Nov 2013 #146
HOAs are micro epitomes CFLDem Nov 2013 #23
i wouldnt even take one of romneys houses Garion_55 Nov 2013 #28
this is why I truly hate the nazi like beings on HOA's. Javaman Nov 2013 #27
There must be more to the story. geek tragedy Nov 2013 #29
It's still immoral what they did. Imagine if you paid cash for a house functioning_cog Nov 2013 #35
Due diligence. Also, the court notices should have been a clue. geek tragedy Nov 2013 #39
Imagine if you signed a contract to do work for someone and they refused to pay you. Sirveri Nov 2013 #116
Disclosure of an HOA, its fees and by laws when a house is sold is mandatory in KY REP Nov 2013 #44
Someone connected to her HOA stands to make some money... defacto7 Nov 2013 #42
When you buy a house with a HOA you by law get a upaloopa Nov 2013 #54
This one happened several years ago. Travesty. searchingforlight Nov 2013 #60
There is a law to protect homeowners serving in the military. Demeter Nov 2013 #103
sad. Hopefully this act will be reversed. Liberal_in_LA Nov 2013 #64
Perhaps the takeaway here should be always open your mail. SheilaT Nov 2013 #66
I hate HOAs... penultimate Nov 2013 #76
Ignorance and/or stupidity often has consequences ..... oldhippie Nov 2013 #77
I'm the vice-president of our HOA Nevernose Nov 2013 #78
The remedy should have been to place a lein against the house Major Nikon Nov 2013 #96
I can believe it. Mariana Nov 2013 #107
I hate HOA's, but you can't just throw away envelopes imprinted with the words... lumberjack_jeff Nov 2013 #79
These days I look at them as a necessary evil Major Nikon Nov 2013 #97
I've been lucky... and kind of tolerant too, I suppose. lumberjack_jeff Nov 2013 #105
I was raised on a farm, so I know all about that Major Nikon Nov 2013 #108
We had a similar event in Texas and I do not recall the details, she had some attorneys jump in Thinkingabout Nov 2013 #80
The HOA could have done more Mz Pip Nov 2013 #85
Normally I avoid a HOA like the plague. IrishAyes Nov 2013 #86
The home owner is responsible for this. gerogie1 Nov 2013 #88
Are you the president of the HOA in question? Sheldon Cooper Nov 2013 #92
that is so fucked up gopiscrap Nov 2013 #91
It would be completely stupid to buy a house where there is no HOA. gulliver Nov 2013 #98
You may be stunned to know that people have survived without HOAs for Sheldon Cooper Nov 2013 #102
You can say the same about flush toilets Major Nikon Nov 2013 #111
I'm willing to bet most housing stock in this country isn't under HOA's. TwilightGardener Nov 2013 #106
You're really out of touch with the average American, aren't you? Vashta Nerada Nov 2013 #119
In what way? gulliver Nov 2013 #124
"It would be completely stupid to buy a house where there is no HOA." Vashta Nerada Nov 2013 #125
But without HOAs its chaos!!!!! ForgoTheConsequence Nov 2013 #127
Heh. You really are out of touch with how most of America lives. Sheldon Cooper Nov 2013 #136
School me on your qualifications to judge. gulliver Nov 2013 #137
Well let's see... Sheldon Cooper Nov 2013 #139
You're right. ForgoTheConsequence Nov 2013 #126
Then please don't move in next to me. Mopar151 Nov 2013 #128
"zoning" is a pretty good substitute for a HOA. JustABozoOnThisBus Nov 2013 #157
I'd like to think that they would do the right thing... Lancero Nov 2013 #122
that's why I'll never buy a house treestar Nov 2013 #142
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