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Subcomandante wrote:
> WRONG!
> The the unpaid HOA dues should not be subject to take property![Emphases
> added] Simply cutting services for which they are collected to
> delinquent homeowner should do. Same as utility company cuts their
> services. There is plenty of services including Garbage collection,
> insurance and repairs the HOA can cut. However HOA without dues can't
> exist so it would be good leverage for homeowners to have HOA rein in.
>
> It would work wonders in Woodside Village HOA.
> It would be free market force of supply and demand.
> Reiterating: "The power corrupts so the absolute power corrupts absolutely.
> -Sub
You're making the assumption that every HOA provides services beyond
basic CC&R enforcement AND that home owners actually give a @#$@ about
said services.
What about HOAs with no common property? IE - you cannot take away pool
access?
You cannot take away their access card to the gym?
Let's use this as an example:
I live in an area with an HOA that has some common property - the entry
to the neighborhood. The HOA pays to maintain said entryway. Funds
also go to CC&R enforcement (which is also very popular - NOT).
Let's say that Larry decides he's not going to pay his HOA bill.
Larry doesn't particuarly care if the front entry way gets mowed.
He doesn't care if the water bill is not paid.
Should Larry's neighbors have to make up his portion of the bill?
How does the HOA get Larry to pay the bill if they cannot go after some
form of property that Larry owns?
Yes, they can sue him in civil court. Larry is then ordered to pay by
a judge.
Larry ignores said judge. What happens? Probably nothing. You have
to hire an attorney (again) to do some discovery on Larry's assets.
You then have to go back the judge and get a court order to TAKE
Larry's assets. You then have to hire a law enforcement officer to go
get said assets. The cost of all of this is probably a lot more than
what Larry owes in terms of his HOA dues. The HOA is out $4000 over a
$200 debt. Clearly, the HOA is not going to be able to do this for
very long - or they're going to end up with "special assessments" out
the rear end.
I do not support foreclosure... Well, let me qualify that: I do not
support foreclosure in regard to fines and legal fees that are
associated with the process. It's bad enough that an HOA can take a
home, but the real crime is not taking the home - it's the outright
legal way that the HOA's attorney can run up thousands in legal fees if
Larry wants to keep his house, when all he really owes is a $200 debt.
I propose that the HOA should be able to take Larry's house, if Larry
is really CHOOSING not to pay (not that he cannot pay), AND no fees can
be stacked on top of this issue that are not reasonable relative to the
debt that Larry owes.
Get rid of the vulcher attorneys, manditory management companies, apply
judicial oversight to foreclosures and limitations on fees - most of
these problems will go away. The CAI will die out without attorney
support.
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Re: Help Stop HOA Madness
