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"Larry Bud" <larrybud2002@yahoo.com> wrote in message
news:1148645704.279144.128560@g10g2000cwb.googlegroups.com...
>> >> maintenance fees. Please propose an alternative mechanism that forces
>> >> unit owners to pay their dues.
>> >
>> > A simple small claims suit of the HOA against a homeowner, or if the
>> > amount is too much, a civil case in district court, just like any other
>> > monetary dispute.
>>
>> What if that person cannot afford to pay? He gets off the hook and
>> everyone
>> else foots the bill for his portion of the services?
>
> What makes you think that someone's home should be the magic piece of
> property that an HOA can take? Except for one's mortgage, which is
> directly related to owning the house, there shouldn't be any other
> reason that an unrelated company should be able to foreclose on you.
The thing is that it is not unrelated. The HOA comes with the house, they
are attached. If the HOA pays for liability insurance, that insurance
coverage is for your house. If they have a pool, they depend on your fees
to maintain it, and if you do not pay, that means the other owners must foot
your bill. The HOA isn't just some other company, it is directly tied to
the community and the houses that make it up. That's why you cannot just buy
a house in that development and not take the HOA, they are intertwined.
> You go and buy a bunch of stuff from BestBuy and do not pay your credit
> card bill, they do not foreclose on your house. They take back the
> stuff you bought from them. An HOA can work the same way: You do not
> pay, you do not get the services. If an HOA finds itself in a position
> that eliminating it's services from a homeowner doesn't have an impact,
> perhaps the HOA better rethink what it's spending the owner's money on.
Your example from BestBuy is great. If you do not pay, BestBuy takes back
their stuff. But what can the HOA take away from you? They already mowed
your lawn, repaved the tennis courts, hired the lifeguards at the pool, etc.
And what's worse, they will continue to need to pay for stuff that you
aren't paying for anymore. It's on ongoing problem that won't end for them
until you leave. That's why foreclosure makes sense. They need you to
leave so somebody else will move in who will carry their own weight.
>
>> BTW, in New Jersey it is very difficult to foreclose somebody. A judge
>> is
>> always involved and the homeowner seems to always get lots of chances to
>> pay
>> the bill. And if they cannot afford it, they have a long time to sell the
>> house, repay the HOA, and move somewhere he can afford. What's so wrong
>> with this?
>
> Because it's ridiculous that one can foreclose on a $200k+ house for a
> $500 bill.
That's why a judge is involved, to make sure that things like that do not
happen. But to be honest, I do not have much sympathy. If the fees are $200
a year, maybe he hasn't payed a dime for 2.5 years, and likely never will.
If he cannot afford it, he cannot afford to live in that property. That's
tough shit. If he doesn't pay his taxes for two years, you can be sure the
government will also kick him out.
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