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Larry Bud wrote:
> > 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.
>
> That's tough rocks. Why should an HOA have any more power than any
> other company that you owe money to?
That's a very valid question that I struggle with.
If you owe money to the mortgage company, they can take your house.
If you owe money for your auto loan, they can take your car.
If you owe money to your credit card company, they really cannot do much
except take your credit.
If non-payment to the HOA would only impact the individual, I would be OK
with an "unsecured" debt position.
I also do not think that securing the HOA debt via the homestead is OK
when you've got a gated community and you can deny access to the
community - or deny access to whatever *services* the HOA is providing.
I totally agree with sub on this - if you're not paying for the
"services" you take the services away.
The fact is, however, that a *bunch* of HOAs provide squat for
services.
They cannot restrict common property - or have no common property.
If you set it up so that people do not have to pay (unsecured) - many of
them will choose not to do so. This can quickly escalate, especially
in a situation like a Condo if the HOA cannot afford to pay for basic
things that the community needs.
Civil lawsuits are great, but I do not think that civil judgments are
very easy to collect.
Also, the HOAs are volunteer driven and I wouldn't want to spend all my
personal time in court, so I am going to hire someone to do that for
me... The costs of having a lawyer do the collection are going to FAR
exceed the collection amounts.
I would support a viable alternative to foreclosure. Anyone got one that
would work?
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Re: Help Stop HOA Madness
