HOA legal question

[Saltaholic]

A friend couldn’t pay his $1200 dues last year because of his layoff due to COVID. Long story short he tried to settle them recently and they have added $2800 in legal fees and now a 60 day foreclosure notice. Anyone know how this can be resolved without paying $4k?? Does he need a lawyer?

Thanks

[Hogmauler]

Yes! Unfortunately HOA,s have become very powerful. Waaaaay to powerful.

[DFWPI]

HOA sucks. Most of my clients these days ask me find a house with no HOA.

When I worked at PD, HOAs would call us wanting some rule enforced.


From my Make Believe World

[Ksig512]

PM sent .

[bobc]

A friend couldn’t pay his $1200 dues last year because of his layoff due to COVID. Long story short he tried to settle them recently and they have added $2800 in legal fees and now a 60 day foreclosure notice. Anyone know how this can be resolved without paying $4k?? Does he need a lawyer?

Thanks

Oh wow. Never knew they had the authority to foreclose on someone. Insane!

[Throwin Darts]

A friend couldn’t pay his $1200 dues last year because of his layoff due to COVID. Long story short he tried to settle them recently and they have added $2800 in legal fees and now a 60 day foreclosure notice. Anyone know how this can be resolved without paying $4k?? Does he need a lawyer?

Thanks

Yes he should get an attorney. Most likely this is going to cost him more than $4k. He will most likely end up having to pay the dues + penalties + his attorney fees. Better than losing the house though.

[kingranch]

Sounds like he needs to get a loan
Hoa can and will put a lien on the house so when it goes to sell it has to be paid up

[bollomb]

Ya i do not know that a HOA can actually evict an individual, however they can recoup all back fees owed upon the sale of the house. We couldn't even get an individual evicted that was squatting on a owners property with a lawyer.. Or maybe our lawyer sucked ha

[jessBsemple]

HOA=PITA
Before seeking counsel, your friend needs to go before the board and set up a payment plan. I would recommend this first. I would also suggest document EVERYTHING. They need to schedule a meeting with Bod and have someone along for the sole purpose of taking notes (a scribe). If the HOA is not willing to set up a payment schedule or take COVID into account, seek counsel. The HOA rules have changed and some things are different. Your friend would be best served by an HOA attorney. Try not to use the same attorney as HOA. I would not want to be on that HOA.

[Mayhem]

Dang $1200 a year for HOA dues. Dang.


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[Hogmauler]

That can be on the cheap side in some places. And, they maintain the right to raise your h o a dues. It’s a racket.

[famousunknown]

"Before seeking counsel, your friend needs to go before the board and set up a payment plan. I would recommend this first. I would also suggest document EVERYTHING. They need to schedule a meeting with Bod and have someone along for the sole purpose of taking notes (a scribe). If the HOA is not willing to set up a payment schedule or take COVID into account, seek counsel. The HOA rules have changed and some things are different. Your friend would be best served by an HOA attorney. Try not to use the same attorney as HOA. I would not want to be on that HOA."

This is good advice. The HOA would rather not go through the process of foreclosure. The HOA's where I've lived were reasonable and would work with homeowners who were having trouble paying dues.

[JayB]

I know it doesn't help for your friend, but for anyone else reading, NOTIFY them when you have trouble paying so they can take things into account like COVID. If they know, they may be more willing to hold off going to an attorney for collection. Once they enlist an attorney, it is hard for them to get fees waived. Penalties and interest maybe, but those attorney's need lunch like the rest of us.

[Playa]

Why in God’s name would anyone want to live in an area that has the power to foreclose on your house because you can’t pay their membership fees?

Taking post at face value, I find it hard to believe they can take your home due to default on association dues

[RR 314]

Why in God’s name would anyone want to live in an area that has the power to foreclose on your house because you can’t pay their membership fees?

Taking post at face value, I find it hard to believe they can take your home due to default on association dues

Why in the world would anyone want to live in a state where your city, county etc. can do the same for failure to pay their (property tax) membership fees?