HOA's CAN foreclose on your home

[hornadylnl]

Buy 27 acres in BFE and you won't need an HOA. I have to look between trees to even see siding on my nearest neighbors house. No way would I live in an HOA.

 

[Indy317]

I will never live in a neighborhood with an HOA. Thankfully in my neighborhood, we have folks who don't want an HOA. I have had a co-worker fined $100, or maybe it was $200, for leaving his trash container, gasp, by the side of his house where they could be seen from the road.

HOAs are horrible, and the money some folks shell out for a home in an HOA neighborhood, they could almost drive 10 miles further from Indy and find an acre or two for sale and just have the home built there.

I also know two folks who ran HOAs. Both have very, very reasonable fee structures: $30 a year. All this does is get the grass around around the entry sings mowed, some of it is saved for drainage pond issues, and to paint/upkeep the entry signs. One guy sues those who don't pay in civil court to get a judgment. This is after many, many attempts to get them to pay just $60 to avoid a court case and an additional $150ish filing fee. My friend is nice. He doesn't sick the lawyers on them, which would mean thousands in legal fees. Instead, he goes to court himself, and that way it keeps the damage to a minimum. One guy went to court offering to pay his $60 bill and had no excuse on why he wouldn't pay it after the repeated calls and mailings. Too bad, he had his chance, he got nailed with a $210 judgment. The other guy I know lets a lawyer deal with it. The lawyer specializes in HOA stuff, and doesn't charge no where near what he could.

In the end, most deadbeats pay up, but there are some you either have to take to court, or put a lien on their home.

 

[irishfan]

The senior lienholder couldn't keep the junior lienholder from asserting it's foreclosure rights, but the senior holder has to be paid first. If the senior holder thinks the property will go less than enough to pay it off, they can pay the junior holder to preserve the collateral and avoid a forced sale. That's often the case with mechanic's liens.

CarmelHP and I usually clash on most things but he looks to know his stuff in this arena.

I have no idea what would make someone desire to live in a HOA neighborhood but everybody is different. Personally, I will never live in a HOA type neighborhood and can't help but laugh when friends have told me the hoops they have to jump through in them. I pay my taxes and "dues" to the city, state and feds which is enough for me.

 

[9lock]

Buy 27 acres in BFE and you won't need an HOA. I have to look between trees to even see siding on my nearest neighbors house. No way would I live in an HOA.

Yeah I'll rush right out today and take care of that!

 

[ghunter]

I made the mistake of buying a home with an HOA. Never again. There aren't words obscene enough to describe how miserable that was. There was brief talk in my current neighborhood about starting an HOA. I told them that I have enough people in my life telling me what to do- I don't need my neighbors doing it too.

 

[Tactical Dave]

I know ours will put a tax lein on the house..... Im sure they could do something like this if it came down to it.


I know a lot of places don't have anything in the contract and people just don't pay and then complain why the streets don't get plowed and why landscaping is never done.

 

[hornadylnl]

question here. Lets assume there are 10 houses on one street. They've been there anywhere from 1-30 years (when they were built). If 6-9 of the homeowners want to form an HOA, can you be forced into it or can you tell them to get bent?

 

[singlesix]

Back to the OP: Simple solution ... pay the &$%^& DUES on time.

 

[Indy317]

question here. Lets assume there are 10 houses on one street. They've been there anywhere from 1-30 years (when they were built). If 6-9 of the homeowners want to form an HOA, can you be forced into it or can you tell them to get bent?

You can tell them to get bent, so long as you never signed a contract nor does the neighborhood have a provision for starting one. My home was built in '66 and there are a mix of homes built from that era all the way up to a home built about five or six years ago. The people I purchased the home from had left the deed that goes all the way back to 1827 and shows John Quincy Adams selling my lot as part of 160 acres that were owned by the USG. I was reading this 1" thick stack of various legal papers (there were lawsuits and what not over the land) and I think somewhere in there, where it showed the old lady who owned all the lots, it stated something about starting one up if the residents wanted. There was an expiration clause as well as a clause that said people don't have to belong and pay a membership fee if they don't want to.

 

[irishfan]

You can tell them to get bent, so long as you never signed a contract nor does the neighborhood have a provision for starting one. My home was built in '66 and there are a mix of homes built from that era all the way up to a home built about five or six years ago. The people I purchased the home from had left the deed that goes all the way back to 1827 and shows John Quincy Adams selling my lot as part of 160 acres that were owned by the USG. I was reading this 1" thick stack of various legal papers (there were lawsuits and what not over the land) and I think somewhere in there, where it showed the old lady who owned all the lots, it stated something about starting one up if the residents wanted. There was an expiration clause as well as a clause that said people don't have to belong and pay a membership fee if they don't want to.

It makes you wonder what John Quincy would have thought about that whole idea today?

 

[hornadylnl]

There are 4 houses on my mile long road. My property used to be part of a farm that was owned by the same family for 40-50 years so I should be good.

 

[akaindy]

The House has been returned to the rightful owner.

Deployed GI Who Lost Home Gets it Back

"An agreement that enables them to keep the house was reached this week during a court-ordered settlement conference."

 

[beararms1776]

Good post. I learned a lot reading here. Glad to here the Soldier got his home back. That was close.