CA on verge of critical change in homeowner association foreclosure laws

Monday, August 9, 2004

By: By JIM WASSERMAN - Associated Press Writer

CHULA VISTA, Calif. (AP) -- When Melissa Colburn first opened the letter that said her home had been sold for $5,150 in a foreclosure auction, she thought it was a joke.

It wasn't. Her private community's homeowners association, upset Colburn was late with $990 worth of dues, had sold her two-bedroom town house in this San Diego suburb without telling her or taking her to court, using a process called nonjudicial foreclosure.

After months of legal battles, Colburn has her home back. But her case and those of others like her have galvanized homeowners seeking to change the legal system governing what has become the fastest-growing neighborhood lifestyle in the country -- neighborhoods run by private associations.

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http://www.nctimes.com/articles/2004/08/09/business/news/19_45_498_8_04.txt

there are millions who are not fools, but are left with no alternative.

What everyone needs to realize is that while Melissa was not bothering to pay her assessments all of her neighbors were paying her bills for her. Her neighbor's were not asked if they would mind frontin' the money and the common expenses still have to be paid. I can assure you that everyone else in the community wanted her to pay her share and were further pissed by the fact that they had to pay an attorney to collect from her.

Also, when she got the letter that her unit was sold at auction it was probably about the 10th certified letter and 99th letter overall that the foreclosure was for real. She just should of paid her bills - its just part of the deal. No different than paying property taxes to support community services.

This drum beat for reform is being lead by people who don't have a clue about the structure and what/why the money is collected in the first place. They think some corporation is being heavy handed - they don't realize the corporation is just the neighbors.