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Elderly disabled FL woman being foreclosed for legal fees on HOA. Help!

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sixmile Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 01:33 PM
Original message
Elderly disabled FL woman being foreclosed for legal fees on HOA. Help!
Caught up on her late payments for the HOA dues, she now owes $3000 for accruing legal and late fees. This woman lives on disability, has no savings, no equity in her condo and no cash for an attorney. I am trying to help her as she has no family. Any ideas, enlightened minds?

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Phoebe Loosinhouse Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 01:35 PM
Response to Original message
1. Yes, call a local reporter. Try to embarrass the HOA into dropping
the late and legal fees.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 02:51 PM
Response to Reply #1
20. I support the HOA in this one.
Sorry, but this person is the one who got behind.

She basically fucked over all of her neighbors.

I serve on a board of directors for a HOA and HOAs have no choice but to use attorneys and pass the costs off to the offender.

No sympathy as I've been involved in too many of these deadbeats to have any synmpathy at all over them.
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JanMichael Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 02:56 PM
Response to Reply #20
25. Uh huh. You support the HOA
for "accruing legal fees."

and you are referring to an elderly woman as a "deadbeat."
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:02 PM
Response to Reply #25
29. She is a deadbeat
She has a monthly bill to pay and failing to pay it put the burden on all of her neighbors.

As an example, in our HOA we do not even begin the collection process until the person is six months behind. That's six months where the homeowner has every opportunity to call the management company and work something out. Once we start the collection process, the additional charges begin as minimal as possible, but they go up in increasing quantities as that process proceeds, and every penny must be paid by the person who failed to pay in the first place.
IT takes none months before we even begin the process of seeking a judgement. IT's a year before a foreclosure judgement can be issued and another two months before the management company shows up on their steps with the sheriffs.

We've had to show up with the sheriffs at homes over the past five years about a dozen times in our modest HOA. When we show up with the sheriffs, it's every cent or all your stuff goes on the street. We've only ever kicked somebody out once. The other eleven cases resulted in a cashier's check for the full amount, including all legal costs, being remitted.

This is after 14 months where a call at any time could have stopped the process and something could have been worked out.

So yeah, she's a deadbeat. I've been through this bullshit too many times and in every case, the "victim" is nothing mroe than a deadbeat who lets their neighbors pay for the required upkeepo of common property.
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JanMichael Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:11 PM
Response to Reply #29
34. OK. Just explain this to me please. I am sure that you are a fab HOA member
and that you recycle your beer bottles, and eat organic vegetables, and use toilet paper made from old newspaper instead of trees. You probably even feel all warm and cozy while you fill up your stainless steel water bottle instead of buying a bottle of water for 1.50-

How can you call yourself a liberal when an old lady with no family who gets behind on her bills a "deadbeat."

Please help me out here because I swear to God, if people like you are the new democrats and liberals, I really am going to try to move out of the country.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:45 PM
Response to Reply #34
49. Because she had ample opportunity to contact the HOA board
and work something out.

She did not.

No HOA wants to go to the attorneys to receive payment.

No HOA wants to foreclose to receive payment.

Those are the courses of absolute last resort because there are extremely high costs involved. The HOA must bear the burden of those costs until judgement is granted and settlement is made. Generally speaking, there at a mionimum many months before those costs are recouped. In many cases, they are never recouped.

So she had a chance and she chose to ignore her responsibility.
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JanMichael Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:49 PM
Response to Reply #49
53. You actually don't know that. The OP didn't address that.
you are just making up shit based on your anecdotal evidence.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:54 PM
Response to Reply #53
58. No, you are assuming the HOA is a monster
I know how it works.

No HOA in the country wants to take this to foreclosure.

10% of all cases taken this far will result in the HOA never receiving payment. That's far too risky and costly ebcause lawyers must be involved to take it this far.

HOAs will work with members because the cost is lower and the risk is lower.

I have more sympathy for this woman's neighbors. They are the ones bearing the brunt of this cost.
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Wizard777 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:46 PM
Response to Reply #58
89. But if the property was as valuable as the HOA claims. They would have no problem selling it.
They are the self appointed guardians of property values. My God let your grass be 1" instead of a 1/2" and you've just single handedly destroyed the local real estate market. At least that's what that their complaint letter infers. HOA's are tyrannical and despotic monsters.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:04 PM
Response to Reply #89
96. Complaint letters and failure to pay dues are two separate issues
Our HOA is smart regarding property standards. We refer all complaints by homeowners to the city and have set the standards of the city. So property standards are enforced by the city by default. In most cases and states, property standards set as rules by a HOA's governing body are unenforceable, so we don't even try to set higher standards than already exist by city statute and simply let the city enforce their statutes by force of law.

Payment of dues are a completely different matter.
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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:34 PM
Response to Reply #49
106. I have no sympathy for you at all.
the paperwork has been on file at alpha centauri for fifty years.
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sixmile Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:32 PM
Response to Reply #29
39. You are ignorant of the details
So please, run your HOA and let the rest of us try to have a civilization.
Jesus Christ!
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:48 PM
Response to Reply #39
52. You;'ve made the details very clear
Edited on Sat Oct-03-09 03:51 PM by WeDidIt
She got behind.

She got so far behind and failed to make contact thus the HOA was forced to take legal action.

She is now experiencing the consequences for not making good on her responsibilities.

All she had to do at any time was make a call.

No HOA ever wants to take these things to foreclosure. It's expensive and there is a risk the expense will not be recovered. All HOAs will work with their members. IT's easier, less expensive, and generally results in payment being received.

HOAs are not monsters. HOAs are there to protect the collective of the interests of all homeowners. HOAs cannot allow one homeowner to ignore their responsibilities at the expense of all other homeowners.
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sixmile Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:04 PM
Response to Reply #52
65. I refer you to my earlier post that you are ignorant of the details.
You are not part of the solution, you are part of the problem - of which I am trying to resolve.
Kindly take your indignation elsewhere unless you are able to contribute constructively.
Your posts are akin to someone screaming at a bleeding person at an accident scene for not wearing their seat belt.

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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:06 PM
Response to Reply #65
67. No, this woman is the problem
and as far as I'm concerned, she is getting what she asked for.
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Are_grits_groceries Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:10 PM
Response to Reply #67
69. Why are you posting on this thread??
You aren't trying to help. You're just ranting about something. Start your own thread to rant and let people try to offer positive solutions.

MEH!
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:12 PM
Response to Reply #69
73. I don't post duplicate threads. n/t
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Are_grits_groceries Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:19 PM
Response to Reply #73
78. I don't think a rant
against everybody who is behind on fees and deserves to be on the street is a duplicate. This thread was asking for HELP until you made it a place for your own private screed.
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malaise Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:00 PM
Response to Reply #78
125. +1
Ditto
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Ineeda Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:42 PM
Response to Reply #29
48. Humanity? Empathy?
This is an elderly, disabled fellow human. Your attitude, although legal, is heartbreakingly sad. And we wonder about the callousness of those who don't give a shit about genuine healthcare reform.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:47 PM
Response to Reply #48
50. My HOA had to go all the way to foreclsoure so many times
and only one case ever resulted in actual foreclosure.

Teh day the sheriffs showed up in all but one case, payment was made.

This woman had a responsibility that she failed to meet. She further made no efforts to work with the HOA on meeting those responsibilities.

Now, she is experiencing the consequences for failing to take responsibility for her actions.

The HOA is 100% in the right in this case.
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armyowalgreens Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:30 PM
Response to Reply #50
102. The HOA is in the legal right. But they are being pieces of shit.
Big difference.

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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:47 PM
Response to Reply #102
117. No, the home owner who refuses to pay is the poiece of shit
They are taking away from everybody else in teh HOA and forcing the HOA to do what it is doing.

The HOA has no choice in the matter from a legal viewpoint. They must attempt to collect the debt by every legal means possible or they are violating the legal rights of every other homeowner in the HOA.
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armyowalgreens Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:49 PM
Response to Reply #117
118. If you have read the OP, you would realize that the person wants to pay...
They already caught up on their dues.

Not being able to pay and not wanting to pay are different situations.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:57 PM
Response to Reply #118
122. If the homeowner got to the point where judgement was granted
the HOA may have no choice any longer or else they abrogate their rights to the billing.

I know that once we have gone all the way to receive judgement, we have no choice but to demand all past due funding be paid in full or we evict.

The homeowner waited to long to "want to get caught up" if they are already in judgement. In nearly all states, you can work something out all the way up to the point where a judgement is entered by the court.

In the case of our HOA, that full process is roughly 18 months from the date of the first payment you missed, but can be as long as 24 months. Then, there are another 60 days before the actual "pay us or all your shit goes on the street" day hits. That is ample time to make arrangements if they "want to get caught up". The scam artists only ever play the "woe is me I want to get caught up" card after it's already too late.

In our HOA, by the time we get to the phase where we recieve judgement, there have been dozens of letters sent, scores of phone calls made, and hundreds of working days whereby the person who "wants to get caught up" can make reasonable arrangements.
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armyowalgreens Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:09 PM
Response to Reply #122
132. Maybe people like you work in the HOA. People that have no empathy...
Because they've "seen it too many times".

Yuck. How sad is it that someones empathy can be destroyed so easily?

It's a self-supporting cycle. Someone's late. You don't give a shit because you have no empathy left. The person gets evicted. Mission accomplished. And your assumptions are confirmed. Another evil bum is out of on the streets.

"Extenuating" circumstance just doesn't seem to cut it anymore. Everyone is a motherfucker out to get you so you better get to them first.


You don't even know the entire story of this lady and you are casting such harsh judgment on her. Gross. Simply disgusting.


As I have already said, she has paid her late dues. That already demonstrates a willingness to cooperate with the system. Yet you seem to think she's a moocher.

And even if she did mess up or simply did not take responsibility, how does that morally qualify someone for eviction? Have you no forgiveness in your heart or something?

Have a little fucking compassion. A life is better lived when you give compassion to others. Even if it isn't necessarily deserved.


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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:26 PM
Response to Reply #132
147. My position in the HOA is 100% voluntary
as are all officers in all HOAs in my state.

I don't do this shit because I like it. I do it because it has to be done or else all property values in the subdivision will be adversely affected.

And if she were in my HOA and judgement was rendered, I would have the management company evict and would not lose a second's sleep about it because the other 150 families depend upon me to do that job.

I've had too much experience in this shit to let the shit slide. We are willing to work with anybody all the way up to the day the judgement is rendered. We cannot allow legal fees to slide as the HOA has already incurred those expenses when they are billed, but we will work out a reasonable payment plan. Once judgement is rendered, our hands are tied and they either pay in full or their shit goes on the street.

It may sound heartless and cruel, but the laws of the state require we act this way. IF I, as a voluntary director on the board and the treasurer were to refuse to evict, I could be be held to personal civil liability by all members of the HOA (to the tune of tens of thousands of dollars) and could also face criminal liability under the fraud statutes of the state were I to fail to act.
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armyowalgreens Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:36 PM
Response to Reply #147
154. I understand that you wouldn't lose any sleep. I understand that it's voluntary...
Edited on Sat Oct-03-09 06:42 PM by armyowalgreens
Believe me, that is not going to change my mind. It's not helping your case at all.

You seem to think that all HOAs operate under the same legal system and are of equal morality.

I'm a renter. My rental agency is a piece of shit that fines me 20 dollars every time a corner of my grass gets a little too tall. I don't assume that all rental agencies are just as crappy. But I also don't assume that the rest are run by angels.

"It may sound heartless and cruel, but the laws of the state require we act this way."

It doesn't sound heartless and cruel. It is heartless and cruel. Chocking it up to perception is a nice way to relieve guilt. But it doesn't change reality.
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demodonkey Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:43 PM
Response to Reply #147
191. As the former Secretary of my Co-Op Board, I say you are WAY out of line.

First and foremost, in addition to your "wonderful" fiduciary sensibilities you owe all your Association members RESPECT.

This is common business courtesy.

Calling an elderly, disabled woman (or anyone else who has money problems) a "deadbeat" and "piece of shit" is anything but respectful.

Your disrespectful attitude reflects poorly on your HOA. If I were a member and heard this I would call for your removal based on the disrespectful attitude you exhibit as an officer of the Association lowering everyone's overall property value.

Assuming you were elected to your position and didn't weasel your way in because your great uncle was the developer or something, at the very least you should be voted out. I would run against you at the next Association election, or get someone else (someone with some common courtesy) to do so.

I don't generally wish ill on people, but just remember you might be old and sick and have money problems someday. And karma is a boomerang.



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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:49 PM
Response to Reply #191
198. LAst election, I was elected unanimously.
To remove me before the next election would require the votes of 101 out of 151 homes.

Anybody who goes all the way to judgement is a deadbeat, plain and simple.
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armyowalgreens Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 08:03 PM
Response to Reply #198
201. Here you go...


This should help you with your painting.
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demodonkey Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 08:10 PM
Response to Reply #198
203. Most states allow removal for officers' misdeeds/failure to perform & maybe liability damages too.

Again -- I served as a Co-Op Secretary for years and I am well familiar with the responsibilities fiduciary and otherwise. Disrespectful, unprofessional, vulgar speech or behavior when representing yourself as an officer of the Association is shirking those responsibilities.

Your mean and disrespectful attitude is hurting your Association in general, and lowering your members' property values.

Since you are so fearful of a lawsuit, you might want to think about that. I am quite sure a case could be made.

OTOH, in real life you are probably a whiny little doormat weasel who sucks up to everyone and then goes home and gets off by anonymously calling sick old ladies "deadbeat" and "piece of shit" on internet bulletin boards. With an online attitude like yours this wouldn't surprise me at all.

Regardless, SHAME ON YOU. I agree with other posters that you have NOTHING in common with the ideals and legacy of your avatar.

Peace out.

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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 08:12 PM
Response to Reply #203
204. Oh really?
NAme the HOA I'm representing.
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demodonkey Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 08:26 PM
Response to Reply #204
208. You just proved my theory.

Whiny little doormat weasels often get real brave as long as they're ANONYMOUS on internet bulletin boards.

I highly doubt you are an officer or board member of anything.

:rofl:



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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 08:32 PM
Response to Reply #208
210. I am a board member
but I have been very careful not to reveal that HOA.

Your reaction demonstrates precisely why.
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RamboLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 09:08 PM
Response to Reply #210
215. You ought to remove Ted Kennedy as your avatar
Edited on Sat Oct-03-09 09:30 PM by RamboLiberal
Ted Kennedy would be trying to help people in this woman's situation. I suggest you replace Ted with a Repub avatar. You totally lack empathy. And you did nothing but hijack this thread. IMHO HOA's are one of the worst inventions of mankind. Allow anal retentive types to rule over all their neighbors with freakin' petty rules.

And if you truly are a Democrat and a liberal then you really need to do some soul searching on what a Democrat and liberal truly should be and who a Democrat & liberal would help - I guarantee you it's not an HOA.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 09:33 PM
Response to Reply #215
221. You can put your suggestion
the same place you keep your head.

I'll bet I've been a voting Democrat longer than you've been alive, seeing as how I supported Ted Kennedy in the 1980 primaries.
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-04-09 05:11 PM
Response to Reply #221
241. Yes, but who have you been supporting AFTER
1980? 'Cause you sure as fuck don't sound like a Dem and 1980 was almost thirty years ago, you know.

And most HOA's I dealt with in my former position were NOT willing to "work something out" with people who fell even one month behind, usually for very legitimate reasons and not just because they didn't feel like signing a check. They were all too eager to sic their attorneys on them after even just one month. And a lot of the time they'd raised fees arbitarily and there was a dispute over that, but they wouldn't wait until the dispute was settled before bringing the hammer down on people. They were all too eager to do so.
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-04-09 02:45 PM
Response to Reply #208
238. Indeed and I'm also looking at his signature
which tells me that he thinks Orly is saner than Sibel Edmunds.

I don't think so.

It's past time for his departure in DU.

Hawkeye-X
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conscious evolution Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-04-09 05:47 PM
Response to Reply #238
242. IBTS is way over due with this one.
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-04-09 02:43 PM
Response to Reply #198
237. Care to tell me where you live?
I wouldn't be surprised if somehow, suddenly the posts that you have made finds it way to the homeowners who are members of your HOA, and are ready to throw you out in an emergency meeting.

Hawkeye-X
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:38 PM
Response to Reply #50
109. HOA's are dictatorial pieces of shit
who'd foreclose on their own parents for less than a few thousand bucks, they wouldn't care. I spent years as a real estate paralegal, I saw what these fuckers were capable of and for ridiculously small amounts, too. Fascistic fuckers.

They may be in the right legally, but that doesn't make them moral or right. Put them ALL out of business as far as I'm concerned. Let the dictatorial wannabes go live on their own fucking island.
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JanMichael Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:47 PM
Response to Reply #48
51. bingo
I am so sick of people who think they are democrats because they buy stainless steel water bottles.
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Wizard777 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:50 PM
Response to Reply #48
90. Humanity and Empathy are severe violations of HOA rules.
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susanr516 Donating Member (823 posts) Send PM | Profile | Ignore Sat Oct-03-09 05:46 PM
Response to Reply #90
115. +1
Reminds me of "Little Boxes."

"There's a green one and a pink one
And a blue one and a yellow one,
And they're all made out of ticky tacky
And they all look just the same."


http://www.wku.edu/~smithch/MALVINA/mr094.htm
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RamboLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 09:09 PM
Response to Reply #115
216. HOA's wouldn't allow a green one or a pink one or a blue one
Nope, gotta all be some bland ass color.
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backscatter712 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:35 PM
Response to Reply #20
86. Depends on the HOA.
Edited on Sat Oct-03-09 04:38 PM by backscatter712
Yours might be the kind that gives plenty of chances for people to catch up, lets people work out payment plans, cuts them breaks when they have hard times, and only brings the screws down when they've clearly earned it.

Then again, while your board may be the kind that's decent, there's lots of boards that give HOA's the reputation of being "Neighborhood Nazis" that go out of their way to screw people hard when they find an excuse, just so they can collect fines or lien the house.
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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:32 PM
Response to Reply #20
105. Your mom is a classy person.
Edited on Sat Oct-03-09 05:41 PM by sudopod
Also, today is opposite day.
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Pab Sungenis Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-04-09 10:46 AM
Response to Reply #20
232. Ah. I knew there had to be something else wrong with you
other than your supporting the poison pill health bill.

*plonk*
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yodoobo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 02:53 PM
Response to Reply #1
22. HOAs don't care about embarrassment
They are not selling a product, nor do they have a reputation to protect.

They have a captive and forced customer base.
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:39 PM
Response to Reply #22
45. Nothing forced about it.
If you don't want the benefits or downside of an HOA don't buy a home in one. End of story.
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armyowalgreens Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:31 PM
Response to Reply #45
103. Easier said than done. Most places are HOA.
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SPedigrees Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 01:36 PM
Response to Original message
2. I have no idea for a solution, but I regard HOAs in the same light as
pharmaceutical companies and credit card lenders. I'd never buy a home if there was a HOA involved.
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DesertFlower Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 01:41 PM
Response to Reply #2
5. i agree. those fees seem to go up
all the time and there not tax deductible.
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SPedigrees Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:02 PM
Response to Reply #5
30. I wouldn't know. I've never had and never will have dealings with one. nt
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DesertFlower Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:29 PM
Response to Reply #30
85. i've never had one either, but i've heard
from people who do.
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Igel Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:01 PM
Response to Reply #2
28. I go one further.
Like petty E. European bureaucrats in the '80s, they have power without purpose, and usually without any fall-out if they screw up. They have a set of rules, most of which are vaguely written.

This makes it difficult for their use of power to be moral: It has no purpose, and therefore it's amoral. They have few guidelines, so they can use it as they see fit.

If they don't use their power, they have nothing. Having vague rules just tells them that they're really important and get to decide exactly how much power they have.

The amoral, unaccountable use of power by people whose only interest in power is power itself is a very great moral wrong.
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Sarah Ibarruri Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 01:39 PM
Response to Original message
3. Post whom we should contact in Florida, and we will - news stations, politicians, etc. nt
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PassingFair Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 01:40 PM
Response to Original message
4. If she has no equity in her condo, help her find a subsidized apartment.
If she is elderly and disabled, there
may be a better situation for her than
a condo.
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Ineeda Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 01:51 PM
Response to Reply #4
8. good solution, especially if you can find an over 55 restricted apartment.
The HOA may sue in small claims court for the $3000, but it's very hard to collect from someone who has no assets and no way to acquire them. Or she could agree to pay a minimal amount.
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sixmile Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 01:57 PM
Response to Reply #8
9. Thanks for the reply
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 02:26 PM
Response to Reply #8
13. The problem is that the HOA is within its rights
Edited on Sat Oct-03-09 02:31 PM by liberalhistorian
to foreclose on her, not just sue her in small claims court, and they WILL do so. When I was a real estate paralegal, I saw it time and time again; HOA's foreclosing on people for stupid fees, unpaid dues and for ridiculously low amounts. One way they kept people who disagreed with them in line, or who pointed out billing mistakes they'd made, was to file a foreclosure on the condo against them. HOA's are little dictatorships who can get away with their shit with little consequences because, unbelievably, it's all perfectly legal. I will NEVER live under the thumb of an HOA EVER and I would strongly advise everyone else not to do so as well.
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Ineeda Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:35 PM
Response to Reply #13
43. Wow. That sucks. n/t
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 02:52 PM
Response to Reply #8
21. The HOA doesn't have to sue. The HOA has first right to foreclose
The bank that holds the mortgage will settle.

She's a deadbeat who fucked over her neighbors. Everybody else in the condo picked up the slack for her failure to pay.
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JanMichael Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 02:57 PM
Response to Reply #21
26. Where in the world did you get
"She fucked over her neighbors?"

wtf. Dude, you sound like a little creep.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:09 PM
Response to Reply #26
33. IF you are a member of a HOA and yo fail to pay your dues
every one of your neighbors pick up the slack.

HOAs are formed because all members pof the HOA have common property that must be kept up and the HOA dues go for that upkeep.

For a HOA to function, all must pay their way. When all do not pay their way, HOAs incur additional costs that must be passed on to everybody. This means that all memebrs of the HOA must pay to make up for the deadbeats.

In the HOA I am the Treasurer for at any given time, 10% of the homeowners are behind on their dues. This isn't as bad as it sounds because people get behind, then thye get caught up. It's common and we even budget for it, having experienced it for five years now. We also know that December - February are the worst time for collecting every year.

The bad part is the 3% who are always behind. This results in legal costs that the HOA must pay for up front which ties up money that could go to insuring everybody's property values stay as high as possible. Those 3% fuck everybody over by failing to pay and the HOA has no choice but to get lawyers onvolved over the 3% who are true deadbeats.

So I have little sympathy for deadbeats when they can call and work out a plan to get caught up at any time during the process. In fact, I ahve none at all. I've seen it too much.
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Are_grits_groceries Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:34 PM
Response to Reply #33
41. You're going to have
somebody rattling chains at the end of your bed soon.

I'm sure you would watch her rolled out on the street without a glance. Maybe in these very difficult times, you
could see a way to gather some info about people who can help if somebody gets behind. Your answer to that may be
a "That's their problem."

Well buddy, it is eveybody's problem, and if all people don't start to help each other we are all going down.

Your Karma Train is getting loaded. Fate drives it, but it's coming.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:01 PM
Response to Reply #41
62. MY HOA has had to evict one family
We've had the sheriffs show up at the front door to start moving everything out a dozen times at least on various homeowners, and twice before with this one family.

And the one family had every opportunity. At any point before judgement was rendered, they could have called up and worked something out.

So no, I have no synmpathy. The deadbeats screwed me and all of their neighbors over because they couldn't come up with $30/month. Hell, they could have called up any time during the first six months and said "I'll pay $35/month until I'm caught up" and we would have taken it. But at six months, we had no choice but to get the attorneys involved and the cost went up astronomically after that.

No sympathy. I don't like being fucked over by deadbeats.
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Are_grits_groceries Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:07 PM
Response to Reply #62
68. And you sound damn proud of it!
As I said, in these difficult times have you considered trying to talk to them about working something out? Explaining the ins and outs personally, and in a helpful tone?

Change your avatar. Teddy would be ashamed of you.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:12 PM
Response to Reply #68
72. I'm not proud that the family forced the HOAs hand
We had no choice. The family had every choice.
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Are_grits_groceries Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:17 PM
Response to Reply #72
76. That statement is convoluted logic to say the least.
You better hope you are never that down and out meet someone like yourself. Change your avatar, because Teddy would not approve of your attitude.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:21 PM
Response to Reply #76
80. The board of a HOA has a fiduciary responsibility
To fail to take it all the way violates that responsibility and opens the HOA up to a class action lawsuit from ALL homeowners.

Our board upheld our fiduciary responsibility to use all legal means to collect.

The family forced our hands. We had no choice but to foreclose and evict.
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Are_grits_groceries Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:28 PM
Response to Reply #80
84. "Our board upheld our fiduciary responsibility to use all legal means to collect."
Did you or are you trying to even help people who are behind? In these difficult times, are you even approaching tham or leaving them a thoughtful note about how to work something out?

You can have all the fiduciary and legal angles covered in every court in the universe. You have no EMPATHY. Morally, I think you are in need. Change your avatar. Teddy would be ashamed of your attitude.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Sat Oct-03-09 04:51 PM
Response to Reply #84
91. Deleted sub-thread
Sub-thread removed by moderator. Click here to review the message board rules.
 
liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:51 PM
Response to Reply #72
120. Like maybe paying for food or for your stupid
fees? If I were an HOA member (will never happen, but hypothetical), and a family were in trouble, I wouldn't mind paying more for a time so that they could get back on their feet. It's called being a HUMAN being, and not a fucking robot. And what's really sick is that you sound so very puffed up and proud of yourself, too. Disgusting.

And the bit about how they "could have worked something out?" The HOA's that I dealt with at my former position, and there were many of them, weren't the least bit interested in "working something out." They were only interested in tacking on yet MORE stupid fees and sucking up even more money; some board members thought nothing of pocketing a lot of fees that way. Several of them were caught doing just that. At least, those were the ones who were caught. I'm sure there were and are many more. HOA's can all go to hell, the world would be better off.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:08 PM
Response to Reply #120
129. IF you don't like HOAs, don't buy a home in one
Once you sign your contractual obligation, the HOA has no choice but to collect. IF you force the HOA to foreclose, it's your lack of responsibility that caused it, not the HOA.
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:18 PM
Response to Reply #129
139. Oh, they most certainly DO have a choice,
my friend. They always do. And the ones my former boss and I dealt with not only couldn't wait to fuck people over, but often they'd do it deliberately, no matter what the situation. And there are times in people's lives where things happen (job loss, illness, disability, etc.) and they have trouble living up to their responsiblities and could use a little bit of human empathy and assistance. Just because you CAN do something legally doesn't make it MORAL or RIGHT to do so and it doesn't mean you HAVE to.

Oh, and don't worry. I have NO intention of EVER being a part of an HOA. EVER.
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Ms. Toad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:14 PM
Response to Reply #62
99. For $180 bucks you think it is appropriate to evict someone.
That's sad.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:06 PM
Response to Reply #99
128. Our dues are $35/month now (we had to raise the rate due to deadbeats)
Before a single legal fee hits, you have to be $210 + interest(6.9%/annum) behind, or six months.

Then, your bill goes up to $245 + interest in dues +$100 in legal fees the next month.

Each month for the next six months it costs you an additional $135 in dues and legal fees UNLESS YOU CALL TO MAKE ARRANGEMENTS. IF you call and make arrangements, you owe an additional $35/month like everybody else in the HOA + the amoutn you agree to pay in order to get caught up. The first time you exceed 30 days late on your agreed to monthly amount, we go back to the attorney and the following month the legal process begins again. Soem scammers keep this one going for a couple of years, though it's quite expensive as your monthly costs are now $135/month +interest instead of the $35/month you could be paying if you're keeping up on your bill or the $35+interest+arrangemet/month if you're honest about getting caught up.

This legal process takes 6 months minimum. Keep in mind, that $100 in legal fees are precisely what we are being billed by the attorney. At the end of six months, we then start the process with the courts and the legal fees increase substantially.

So by the very fact that we had no choice but to engage an attorney to collect the debt, a simpkle debt of $210+interest can now explde to several thousand dollars simply by virtue of the fact that a homeowner refuses to even call.

So yeah, when somebody gets behind and doesn't make arrangements, I ahve little in the way of sympathy because all of their neighbvors have to pay the attorney in the attempt to recieve payment and foot that bill if the deadbeat skips out.
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Gman2 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:21 PM
Response to Reply #128
142. You also kick out for not having DOILLIES on everthing?
Fucking fascist.
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Ms. Toad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:31 PM
Response to Reply #128
149. What I don't hear in ANY of your accounts is any attempt by the HOA
to reach out to their troubled neighbors, to find out what is going on, and to extend a hand.

There are a number of options that would keep the $ costs down for everyone, and reap a lot more in human benefits.

All I see is a tacking on of exorbitant "dues" and "fees" as a hedge against the possibility that you will need to hire an attorney to squash a "deadbeat."

Talk to your neighbors - if someone is falling behind there is probably a reason. Set up an emergency fund for HOA members who can't pay their dues. Consider cutting or postponing HOA expenses if more than a few are having trouble paying their dues. Create a work exchange so the troubled neighbor who isn't working and doesn't have income could provide sweat equity to the HOA in lieu of dues.

Real neighborhoods do that. Half the neighbors send their kids to our house for math tutoring every day. The neighbor across the street checks in on the one down the street who is elderly, and regularly takes her shopping and to doctor's appointments. The neighbor up the hill opens her house in the morning before the bus comes since several parents need to go to work before it arrives. When we need a large item delivered - like our Christmas tree - a neighbor with a truck helps us out. On Friday nights during the summer we all gather around one or the other fire pits in the neighborhood for a beer and local chatter.

Those free flowing arrangements that enrich our community, none of which involve the exchange of money, wouldn't happen if we insisted that someone who hadn't paid his or her dues had to be the one to ask for help - and if s/he didn't make the first overture it was the family's fault that we tacked on 4x the monthly rate as a penalty, and the family's fault that we had to spend so much money forcing them out of their home. When you're in trouble, it's pretty hard to pick up the phone and reach out for help - especially if you have been watching neighbors be evicted over HOA dues, or hearing neighbors referred to as deadbeats for not being able to pay their dues.

I would not want to live in your HOA, where apparently money is valued more than building a community.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:41 PM
Response to Reply #149
160. Then you did not read the post you just responded to
By the time we have to go to court there are dozens of letters sent and scores of calls made.

Attempts are made by the attorneys we engage.

The board engages a management comapny for billing and collections. All dealings regarding billign and collections are handled through this management company.

So yeah, attempts are made. We pay people to make those attempts. IF somebody neds up in judgement, they are deadbeat scammers, nothing else.

There are 151 homes in the HOA. Of those, 15-20 will be behind in any given month. We always have an outstanding recievables of about $15K. Of that $15K, $13K will always be about three homes and they will all probably end up in judgement over the coming four months. Of the remaining $2K, more than $1500 will be another three homes. Those other three homes will probably end up in judgement within six to nine months. These six homes are consistently the same ones. The current six homes have all had one or more judgements in the past.
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Ms. Toad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:06 PM
Response to Reply #160
173. I did read it, and most of your other posts.
Edited on Sat Oct-03-09 07:10 PM by Ms. Toad
Here are the only mentions of calls in the post to which I responded, and all they reference are the homeowner's failure to call.

>>Each month for the next six months it costs you an additional $135 in dues and legal fees UNLESS YOU CALL TO MAKE ARRANGEMENTS. IF you call and make arrangements, you owe an additional $35/month like everybody else in the HOA + the amoutn you agree to pay in order to get caught up.<<

>>So by the very fact that we had no choice but to engage an attorney to collect the debt, a simpkle debt of $210+interest can now explde to several thousand dollars simply by virtue of the fact that a homeowner refuses to even call.<<

What I was suggesting is, that as neighbors, you - the HOA - should be reaching out to your troubled neighbors in a problem solving manner rather than jacking up their fees in anticipation of having to pay lawyers to evict them.

There are other ways to be fiscally responsible, and to build community rather than tear it down, as I suggested in my prior post.

Edited to add:

In our neighborhood we don't demand our neighbors be able to muster the energy to beg for assistance - we offer, and find ways to help each other out. One or more phone calls from attorneys or collection agencies is not the same as gently asking what is wrong, and working together to resolve teh consequences of tough financial times for everyone.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:47 PM
Response to Reply #173
195. Homeowners are adults
and are expected to act like adults in our HOA.

We engage a management company and attorneys to handle all matters related to billing and collections. From there, the individual members are responsuible and are expected to act like adults.

If somebody is behind, it is their responsibuility to make arrangements. Not mine.
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Ms. Toad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 09:59 PM
Response to Reply #195
224. Like I said, I prefer to live in a neighborhood,
rather than in adjacent residences whose occupants value money over real community.

When the world has fallen out from under my feet, it's nice to have neighbors rather than a management company and attorneys at my door - neighbors who don't demand that I act like an adult before asking if I am in need, and offering to help.

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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 10:05 PM
Response to Reply #224
226. Adults contact their creditors when they are having difficulties
and wourk out reasonable accommodations.

Children force creditors to take them to court.
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 08:43 PM
Response to Reply #173
212. I assume you are aware that the Board of directors is bound by secrecy
because of privacy concerns for the delinquent owner. They can not reveal the delinquency to other community members. If Board members (the only folks with the information) were to let other neighbors know they could get in a heap of legal trouble. Thus they can not organize anything on behalf of the troubled owner.

And I think the poster you are responding to has made it clear that the delinquent owners are given opportunity after opportunity to talk with them and work it out. No Board ever wants to file a lein, much less file a foreclosure notice.
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Ms. Toad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 09:13 PM
Response to Reply #212
217. None of the suggestions I made requried the board of directors
to disclose the delinquency to other community members, nor did either you or the poster address he distinction between the cold legalistic approach which increases everyone's costs and destroys community, and one which is designed to build community and address the needs of its all of its members.
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 10:01 PM
Response to Reply #217
225. All of the building community ideas are great -
and its nice that all of that is happening where you live. But if you have expenses (the kind that can not be worked off with sweat) - an Association still has to pay their bills. I have never seen an Association paying for things they were not required to have.

I am curious - what are your monthly dues?
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Ms. Toad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 11:15 PM
Response to Reply #225
229. Not everyone will need sweat equity -
and there are certainly jobs that the Association pays to do that could be done by individuals who are in tough economic times.

I choose not to live in a neighborhood which has a homeowner's association. That type of residential setting does not generally meet my needs for a community - in part because of the rigidity with which most handle matters like this one.

I am (or have been) involved in other short and long term cooperative ventures with shared financial responsibility - one for 31 years. In the one I have been a member of for 31 years owns real property and has annual expenses of $12,000-$18,000. Those expenses are shared on a more-if-you can, less-if-you can't basis among about 20 families. We don't have a formal arrangement for sweat equity, but there are a number of community obligations that have, at times, been paid done by individuals who could not afford to contribute financially to the community.
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Rise together Donating Member (11 posts) Send PM | Profile | Ignore Sat Oct-03-09 07:04 PM
Response to Reply #149
171. +9000 to Ms. Toad n/t
Edited on Sat Oct-03-09 07:07 PM by Rise together
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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:14 PM
Response to Reply #149
177. What you said. nt
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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:52 PM
Response to Reply #62
121. What the fuck is wrong with you?
Edited on Sat Oct-03-09 05:55 PM by sudopod
You threw a family out of their house for 30 bucks a month in the middle of the worst economic conditions since the Great Depression, then come on here and fucking brag about it? All they needed to do is make phone call, huh? Then they could have kept their home...and you threw them out anyway. I'm sorry, but no one here is going to slap you on the back because someone refused to gargle your bureaucratic balls. What the fuck do you want? A goddammned cookie? A high five?

You are the epitome of everything that is wrong with this country. I feel like my humanity has been bruised due to simply having read this hateful calamity of a thread.

Thanks for ruining half of my evening, jackass.




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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:57 PM
Response to Reply #121
123. Try dealing with fuckers like this
in a job for several years. Then you'll REALLY have to fight to keep from being jaded about humanity!
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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:09 PM
Response to Reply #123
131. Seriously. :(
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susanr516 Donating Member (823 posts) Send PM | Profile | Ignore Sat Oct-03-09 06:12 PM
Response to Reply #121
134. +10 nt
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:18 PM
Response to Reply #121
141. We threw them out three years ago
This was the third time they went into arrears and we recieved judgement.

So instead of an annual bill of $360, these assholes ended up paying over $3000/year because they were too irresponsible to pay the $360.

The third time when the sheriffs showed up, all their shit was put on the curb and the locks were changed.

The HOA had no choice or else 150 other homeowners would have had a case for a class action lawsuit against the HOA.

In the identical situation as the treasurer of a HOA, I would do exactly the same thing. To fail to do so would have been a violation of my fiduciary responsibility as an officer of the corporation and I could be held personally liable in a civil court for failing to do so (to the tune of tens of thousands of dollars). There could also be criminal proceedings for me to fail to do so as a case could be made for fraud due to my position as a Treasurer.

So yeah, I'm pissed the deadbeat assholes put me into the position, but if put into the position again, I'd do the EXACT SAME THING!

And the best part of it all?

My position as treasurer of the HOA is 100% VOLUNTARY

That's right, I put up with this bullshit from deadbeat assholes with no compensation. All I'm trying to do is keep our porperty values from dropping through the floor by maintaining and improving the commonly held properties, and we've done a dmaned good job, too. When compared to every other subdivision in the area, most other home values have decreased significantly where we are currently valued at about the same value our homes had three years ago. That's a damned successful HOA program and exceeds anything else around us. We have substantial expenses annually and a volunteer board of just three people have held the costs down to where we had to only raise our dues by $60/year this past year, and that only because we have commonly held alleys that we must maintain (we own them so the city won't touch them) and because of the deadbeats like this asshole.

So yeah, again, in the same position I'd do exactly the same thing.
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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:22 PM
Response to Reply #141
144. That just means you're a horrible person.
Edited on Sat Oct-03-09 06:24 PM by sudopod
If you have so much free time, why not work at a food bank? It's because you get off on lording it over weaker people.

By they way, how many kids did this family have?

Bet those little fuckers were holding something back in their little piggy banks.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:31 PM
Response to Reply #144
151. I'm not lording shit over anybody
IF anything, I put up with shit constantly. Everybody who has any beef against any neighbor calls me all hours of the day and night.

The family had two kids.

And those kids being thrown out of their home is 100% the fault of their irresponsible parents, not mine. They gave me no fucking choice.
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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:36 PM
Response to Reply #151
155. Oh god, now your a martyr.
Edited on Sat Oct-03-09 07:19 PM by sudopod
St. Eviction of the Internet. I weep for you.

You always have a choice. Ask that sheriff in Detroit who refuses to do foreclosure auctions.

Don't even start that "I'm just following orders" bullshit.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:45 PM
Response to Reply #155
163. Here's the choice
One deadbeat asshole who is given every chance in the world for a year and a half to two years or 150 other families who live up to their responsibiolities and aren't out to scam their neighbors.

That's an easy choice.
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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:50 PM
Response to Reply #163
167. Did you read this post by another HOA treasurer?
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=6689536&mesg_id=6690944

Note how the poster is a decent human being. Isn't that neat?

Not everyone is out to get you.
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Rise together Donating Member (11 posts) Send PM | Profile | Ignore Sat Oct-03-09 06:27 PM
Response to Reply #141
148. Clearly you give more value to money than human beings. nt
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:32 PM
Response to Reply #148
152. Tell that to an attorney
who tells you that failing to evict could make you liable to a class action lawsuit that you will lose your own home over if you fail in your fiduciary duties as an officer of the HOA.
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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:38 PM
Response to Reply #152
156. Somehow, you people seem to think saying "fiduciary duty"
makes being a horrible person a-ok. It's like a "Get out of jail free" card, where "jail" can be replaced with "being widely regarded as a horrible person."
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:44 PM
Response to Reply #156
162. Somehow people who don't understand how the real world works
will always be scammed by the scammers out to get something for nothing.

Deadbeats who end up in judgements over HOA dues are scam artists and deserve what they get.
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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:46 PM
Response to Reply #162
166. You must be a miserable, lonely person.
I pity you.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:52 PM
Response to Reply #166
168. Actually, the vast majority of my neighborhood likes me
I'm overwhelmingly re-elected in our annual board elections.

Plus, I've helped to hold our property values steady as property values around us plummet.
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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:01 PM
Response to Reply #168
170. Elected twice (well, once. Mabye)


Being popular doesn't make you a good person.

Also, fuck your property values. Talk about missing the point, Jeebus.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:06 PM
Response to Reply #170
172. Property values are the point of a HOA
To be perfectly honest, my next home will not be in a HOA. I would prefer to not have to deal with it. So long as I am in a HOA, I will remain involved because I won't let the common prperties end up looking like shit and I won't let the alleys crumble away to nothing. Those are my primary objectives. Being forced into evicting deadbeats is the downside of those primary objectives and a position I would really rather not be put into.
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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:12 PM
Response to Reply #172
175. I guess simple humanity never entered into your calculations.
What is the name of your town anyway? Galt's Gulch?

I don't know what's sadder, the fact that you don't have the compassion god gave a toadstool, or that your head is so far up your ass that you can't begin to recognize it.

You are the kind of people that start revolutions. The nasty "eat the rich" sort.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:20 PM
Response to Reply #175
180. I don't suffer fools easily
so buh bye.
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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:27 PM
Response to Reply #180
184. whoops!
Edited on Sat Oct-03-09 07:28 PM by sudopod
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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:29 PM
Response to Reply #180
186. And nothing of value was lost...
Also, I'd say you're more of an inflicter of suffering rather than a victim, just going by this thread. I'll bet you're just a barrel of fun at parties.
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Rise together Donating Member (11 posts) Send PM | Profile | Ignore Sat Oct-03-09 06:40 PM
Response to Reply #152
159. - power level 9000
I wouldn't have a voluntary job that made me question my moral principles. So fortunately, I don't think I would ever be put in that situation.

Please, take your icon of Teddy down. It does him dishonor.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:43 PM
Response to Reply #159
161. You can put your suggestion regarding my avatar
where the sun don;'t shine.
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Rise together Donating Member (11 posts) Send PM | Profile | Ignore Sat Oct-03-09 06:46 PM
Response to Reply #161
164. Lollercaust
I could also put your moral integrity there, but fortunately for me, you don't have any.
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RamboLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 09:50 PM
Response to Reply #161
223. You shame that avatar with your attitude
A Palin or Bush avatar would be more suitable to your beliefs or a big old $ sign.
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susanr516 Donating Member (823 posts) Send PM | Profile | Ignore Sat Oct-03-09 06:46 PM
Response to Reply #141
165. Wow
You throw people out in the street for free. And you're proud of it. Did you celebrate after you evicted the family?

Thank God, at least you're keeping the property values up. Heaven forbid that you lose a penny of your precious investment. It's a tough job, keeping the riff-raff out of the neighborhood, but somebody has to do it. You're a real piece of work.

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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:25 PM
Response to Reply #165
182. REad what I wrote
They ahd every opportunity to make reasonable arrangements.

They went as far as judgement three separate times. The first two times they came up with the money when the sheriffs showed up to evict. The third time, they got evicted. This happened over a period of several years.

They were deadbeats. They got precisely what they deserved. IF I had it to do over again, I would not alter a thing.
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Rise together Donating Member (11 posts) Send PM | Profile | Ignore Sat Oct-03-09 07:13 PM
Response to Reply #121
176. +10 n/t
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Xithras Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 10:51 PM
Response to Reply #33
227. Liar. Only dictatorial HOA's operate that way
Edited on Sat Oct-03-09 10:54 PM by Xithras
There are PLENTY of HOA's that operate on a lien model. If you fall behind in your dues, the HOA files a lien against your home. Those liens prevent the homeowner from obtaining additional loans against the property and are a general pain in the ass, and the lienholders get first rights to proceeds when the homes sell. Because liens are themselves assets, HOA's can then pull loans against them to fund maintenance and improvements that the normal HOA fees would have covered. As an added bonus, interest and fees associated with the lien and loan can be passed along to the homeowner, so it ultimately costs the HOA's nothing. Quite a few HOA's have adopted this non-foreclosure model to eliminate these kinds of disputes entirely. Most HOA's, however, don't like this model because it can take decades to collect, and is considered too "hard" or "time consuming". The debt gets paid either way, but its much easier for the HOA to simply throw the family out onto the street. It's an evil, soulless, Republican thing to do, but it's easier.

Your arguments remind me of Nuremburg. "But it was my job! Those were my orders! I would have been punished if I'd refused! The law said it was OK!" We didn't accept it then either.
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:40 PM
Response to Reply #21
112. Methinks you're on the wrong website, pal.
Fucking over her neighbors? Drama queen much? I sure hope people don't talk like this about your mother when she gets old and disabled and broke. Then again, you probably wouldn't give a shit, would you? HOA's sure as fuck don't.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 01:41 PM
Response to Original message
6. Gray Panthers and ACORN?
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sixmile Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 01:46 PM
Response to Reply #6
7. Right. Are either still in business?
Who has clout anymore?
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 02:01 PM
Response to Reply #7
11. They might have some good local suggestions -- better ones
than strangers on the internets.
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flvegan Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 01:58 PM
Response to Original message
10. Have they put the lien on the condo yet?
Is the Lis Pendens filed already?
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:36 PM
Response to Reply #10
87. The first legal step is a registered letter from the attorney.
In most states the letter clearly states the owners rights and the time frame for paying back assessments without incurring any legal fees.

If the owner responds and tries to work out a payment plan then a lien is not filed. If there is no response or if the owner does not meet the agreed upon plan then a lien is filed.

Next is the foreclosure hearing and the foreclosure sale comes much later.

An owner can stop this process anywhere along the way by paying up. In many states the attorney's fees that can be collected from the owner are capped at a percentage of the outstanding amount In N.C. the limit is 15%. For an attorney to take a collection from demand letter to pre-foreclosure sale costs the association $1200 - $1800. If the owner is delinquent $4,000 their portion of the attorneys fees are only $600 and the association (the neighbors) pick up the difference in legal fees.
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flvegan Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:01 PM
Response to Reply #87
95. Not exactly like that in Florida.
In Florida, there's a demand letter, then a letter of intent to lien, a notice of lien and then the recording of the lien itself in the public records. The association then has up to one year to initiate foreclosure.

These days, a great number of associations aren't interested in taking title to a condo/home in a good number of units that are behind on dues and will work something out. Once the association takes title, they're now on the hook to pay any mortgage on the unit as well as the taxes and insurance. A great deal of these are completely upside down in debt to value, so it's rarely worth it to not work it out.
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:39 PM
Response to Reply #95
110. The demand letter, intent to lien, etc. is the same here.
I just didn't go into detail. However, we don't have the one year frame for perfecting the lien as far as I know.

And you are right - few properties are actually worth taking possession of by an HOA. I know of one unit owner who has not paid her monthly assessment in the 3.5 years she has owned the property. She owes over $8,000 not counting legal fees to the association. She goes in and out of bankruptcy which means the lender and the HOA and everyone has to step back. She is a con artist and this is the second time (that I know of) that she has pulled this process. Her lender has forced her out of bankruptcy twice now so they could foreclosure but have still not been able to take her property for some reason. The HOA is just waiting for the lender to figure it out because she has three mortgages totaling more than 2.5 times the value of her property. The HOA will never collect the $8,000 or the legal fees.

To make matters worse she is now running a daycare out of the condo unit.

The units are not individually metered so her water bill is part of what's in the monthly assessment she doesn't pay. Noise from the kids is causing a problem as well as her and the kids taking over the swimming pool for several hours a day. She doesn't pay enough attention to the kids in her charge while at the pool and will tell other pool users to help her keep an eye on them. Because of the liability issues (and the fact they are concerned about the children) the other pool users do exactly that. Several have tried to get the local authorities to shut down her unlicensed daycare center but they won't/don't take any action. Meanwhile, the Association has increased its insurance limits and the med-pay. So her neighbors are picking her responsibilities to the kids and picking up the tab for all the increased expenses she is causing.

Meanwhile, no one but Board members can know the extent of the burden everyone else is paying for.

She bought a brand new Prius two months ago.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:51 PM
Response to Reply #95
119. HOAs have more rights in Illinois
We are not liable for mortgages when we take possession. Thus, if we are forced to evict, we simply lock the unit up and allow the bank to foreclose. Laws were changed here so that we are first in line when the bank sells the foreclosed property, even before the bank itself.

Too many HOAs were getting fucked over by the scam artists who learned how to game the system, so HOAs lobbied for the laws to be changed and we won.
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:58 PM
Response to Reply #119
124. HOA's have FAR too many
"rights" as far as I'm concerned. WAY too many. And they're all too quick to demand them, too.
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Are_grits_groceries Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 02:08 PM
Response to Original message
12. As someone said, contact the news.
Edited on Sat Oct-03-09 02:16 PM by Are_grits_groceries
Then the ACLU; any organizations that help the disabled; local, state, and federal elected officials; legal associations that might know pro bono groups or attorneys; credit counselors(they might know pro bono attorneys or have ideas. I'm talking about the CCC counselors who are nonprofit.); any groups that help the elderly.
They might be able to help or know someone who does.

The Gray Panthers:
SOUTH DADE - NETWORK
Convenor:
Norman Saxe
Address:
10725 SW 82nd Avenue
Miami, FL 33156
T/F: 305-595-0594
E: saxe@bellsouth.netThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it

FLORIDA - LIAISON
Atlantic Beach (near Jacksonville)
Avia A. Jones
1584 Cove Landing Drive
Atlantic Beach, FL 32233
T: 904/246-0834
E: aviaj@comcast.netThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it
As a liaison, Avia will:
Provide you with information on the Gray Panthers organization
Relay information to you regarding Gray Panthers activities
Depending on your location, she may be able to do a presentation and/or meet with you in person to discuss common issues and goals.

Everybody is probably stretched thin, but who knows who will help. If they can't help, they might know somebody who will.

Give them the exact info to use or pass on.

edit to add: check this site about producing the note: http://www.consumerwarningnetwork.com/2008/06/19/produce-the-note-how-to/

'Interlopers' in mortgages find foe in Legal Aid
April Charney fights shady lenders to help residents save homes.
It's still an uphill battle for homeowners, however, Charney says. There are few states where foreclosure proceedings have to go through a judge, notably Florida and New York, which gives homeowners their best shot. In other states, homeowners have to go to court on their own in order to see a judge, running up expensive legal bills in hopes of stopping foreclosure.
Read more at: http://www.huffingtonpost.com/2009/09/22/whos-got-the-mortgage-pro_n_294169.html

carole.fader@jacksonville.com, (904) 359-4635
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sixmile Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 02:40 PM
Response to Reply #12
16. Thank you so much.
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 02:30 PM
Response to Original message
14. I would contact the local and state bar associations for
referrals to attorneys who would handle it pro bono (fancy legalese for for free). Once you explain the situation, I think they'd be able to find one who'd be happy to do it. Many state bar associations require attorneys to perform a certain number of hours of pro bono work per year. Too bad medical associations don't require that of doctors.

I would also check with the county senior services/aging association and with the local legal aid agency. If they can't assist directly, they'd likely have some good suggestions for local resources as well.
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OffWithTheirHeads Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 02:32 PM
Response to Original message
15. Has anybody tried talking to the HOA board?
I've been the President of our HOA for a number of years now. We, like everybody else living through the great Bush economic nightmare, have our share of people who are struggling to pay their bills. It is our board policy to bend over backward to try to accommodate people in the position you describe, up to and including waiving fees such as these but we can't do it if no one talks to us.

Call the management company and ask to talk to the board in executive session (The private and confidential part of the monthly board meeting) and ask to resolve this issue. Unless they are complete assholes, they will work with you. It does NOT benefit the HOA to foreclose on a unit. It just costs them money and drives down property values. Remember, the board members are your neighbors, not your enemies. Also remember that they are serving and giving up much of their spare time in what is often a thankless, difficult task PRO BONO! They are doing it because they care about their community and want to see it do well. They do not want to throw folks out on the street.

If You would like more insight into life as a board member, PM me. I'll be happy to try to help you work this out.
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yodoobo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 02:55 PM
Response to Reply #15
23. No they are both
"Remember, the board members are your neighbors, not your enemies."

Board members are your enemies and your neighbors.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 02:55 PM
Response to Reply #15
24. Our board are open to talking all the way up until we go to court
Once we have to take it to court, we have a zero tolerance policy.

95% of all added legal fees come before the final court hearing where judgement is obtained, so after that, we want every cent or we foreclose. No exceptions.
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:46 PM
Response to Reply #24
116. Yes, I know. I had the misfortune of dealing with fucks like you
during the years I was a real estate paralegal for a solo attorney. As far as I'm concerned, you should all just go off on your own goddamned island where you can indulge your inner Scrooges as much as you like, away from decent, compassionate, empathetic human beings. You didn't care if a person was dying in a hospital and their families had other things on their minds, like keeping food on the table while caring for kids and/or parents as well as the ill person and dealing with all the emotions at the same time. You'd be a great bankster. Oh, yes, I've dealt many times with fuckers like you and you're all the same. And the kicker is that if something were to happen to YOU, THEN it would be "different." I hope something DOES happen to you, like you getting old and disabled and broke, and no one gives a shit about a little dictator coming after YOU.

What the hell are you doing on this site anyway? And btw, the DUES were current. It's the legal fees that are behind. Knowing HOA's as well as I do, it's likely that one of the board members has a friend or relative who's the attorney and is either getting kickbacks or has promised to enrich them. Nice people.
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RamboLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 09:17 PM
Response to Reply #116
219. +1 on hoping that We Did It falls on some hard financial times
at some point in the future. I can't believe this poster has a Ted Kennedy avatar. Ted must be rolling over in his grave at this self-righteous Scrooge attitude!
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Kansas Wyatt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 10:58 PM
Response to Reply #116
228. This mini-dictator has admitted being on the Board of an HOA
"Knowing HOA's as well as I do, it's likely that one of the board members has a friend or relative who's the attorney and is either getting kickbacks or has promised to enrich them. Nice people."

I think you hit the nail on the head.
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sixmile Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:40 PM
Response to Reply #15
46. This board is like the Gestapo
The dues are current (as posted in the OP), it's the accrued legal fees (which are likely kicked back to a board member) which are haunting her.
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JanMichael Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:01 PM
Response to Reply #46
63. S/he doesn't get that. I did. From reading it the first time.
Frustrating, eh.
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PatSeg Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 02:42 PM
Response to Original message
17. There are a lot of resources here that might
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 02:45 PM
Response to Original message
18. Try here for a lawyer
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 02:48 PM
Response to Original message
19. This is why it's so dumb to get behind on HOA dues
Edited on Sat Oct-03-09 02:48 PM by WeDidIt
HOAs have no choice but to engage attorneys and pass the cost along to the offender.

And HOAs have no choice but to foreclose if they are not paid.

HOAs cannot afford to let even one person slide, else everybody will slide.

Don't like HOAs? Don't sign that cnotract to buy a home in a HOA.
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JanMichael Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 02:59 PM
Response to Reply #19
27. Re-read what you wrote please
HOAs cannot afford to let even one person slide, else everybody will slide.

Give me a freaking break. Some people get behind on bills--- it won't start a damned financial avalanche to actually help your neighbors.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:04 PM
Response to Reply #27
31. I am intimately familiar with the collection process in HOAs
You can call at any time during the process and the management company WILL work with you. In most HOAs, you have six months before they even go into full blown collections mode and start adding legal fees, and at any time you can call and work something out.

IF it goes all the way to being foreclosed, it is 100% the deadbeat's own fault.
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:29 PM
Response to Reply #27
37. You clearly have no idea what you are talking about.
Who do you think is going to pay the water and electric bills for the community? If an owner does not pay their neighbors have to pay their share for them. HOAs are self-funded by owners - there is no other source of income to meet expenses.

I refer to delinquent homeowners as "Borrowing money from their neighbors without asking for permission". How would you like to be the screwed neighbors who has an assessment increase or a special assessment levied against you because of the ones who don't pay. Until recently I have never seen a deadbeat assessment payer who didn't have money. They just think they can get away with it and often do. Usually they have a maid and a new car - they can afford it because they don't pay those stupid homeowners assessments.

Also, it is the fiduciary duty of the Board of Directors to pursue all legal means of collection. If the community finds out the board is not exercising their duties then the Board itself can be sued by the other owners in the community.
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laughingliberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:52 PM
Response to Reply #37
56. Doesn't sound as if the lady in question has a maid or a new car
Just a guess on my part.
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Pharlo Finesworth Donating Member (45 posts) Send PM | Profile | Ignore Sat Oct-03-09 07:22 PM
Response to Reply #27
181. What's the correct Democratic solution to these problems? Just forgive debts when someone
cannot or will not pay? I'm seeing a lot of folks here who obviously think anyone who signs a HOA contract is an idiot (since they say "I would never never do such a thing") and at the same time appear to suggest the person (the idiot) should get special consideration. I am very confused by this contradiction...
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 09:16 PM
Response to Reply #181
218. This is the most astute observation in this whole thread. nt
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SPedigrees Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:07 PM
Response to Reply #19
32. "Don't like HOAs? Don't sign that contract to buy a home in a HOA." 1st intelligent words from you.
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Are_grits_groceries Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:36 PM
Response to Reply #19
44. I think you should change your avatar.
Teddy would be helping people and not calling them deadbeats. You're making a mockery of what he stood for.
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Maru Kitteh Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:59 PM
Response to Reply #44
60. +1
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:09 PM
Response to Reply #19
97. Hey dork
What part of "her dues are current" don't you understand? It's the legal fees that's being accrued.

Hawkeye-X
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:40 PM
Response to Reply #97
111. Her dues are NOT current
She incurred the legal liability by not paying her dues. She forced her HOA to take legal means to collect the debt and ran up her debt doing so, thus she is not current.

So again, no sympathy. She failed to meet her obligations and fucked over her neighbors.

She's a deadbeat.
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:02 PM
Response to Reply #111
126. Yes, that's right. An elderly woman who is DISABLED
and living off of DISABILITY, which likely is barely enough to cover basic living expenses to keep her alive, is a fucking deadbeat. Yeah, right. Thanks for showing your (non)humanity. And I suppose if something happens to you, it'll be "different", YOU won't be the "deadbeat". People like you are always so predictable.
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susanr516 Donating Member (823 posts) Send PM | Profile | Ignore Sat Oct-03-09 05:34 PM
Response to Reply #19
107. After reading your posts
I wouldn't buy a property covered by an HOA if the seller knocked 50% off the price and pre-paid the HOA dues for 10 years. I wouldn't have anything in common with my neighbors.
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Riley18 Donating Member (883 posts) Send PM | Profile | Ignore Sat Oct-03-09 03:11 PM
Response to Original message
35. So her Homestead does not protect from predatory fees from HOA's?
I thought HOA's could only place a lien on the property if the property has been homesteaded. I know my neighborhood has a few houses that do not pay, but I was not aware that they could lose their home. This is the first and last house I will ever buy that has a fee to live in. It is a huge ripoff because I actually pay more taxes to live here, but my HOA fees pay to take care of the entrance, etc. These things were always taken care of by the city in every other place I lived.
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Wizard777 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:32 PM
Response to Reply #35
38. You can never truly own a property in a HOA area. It's loanership at best.
You have use of the property until the HOA decides you are no longer good lil bee conforming to their hive mentality and take the property away from you. HOA's mark the death of the American Dream of home ownership. Marks the birth of the Corporate American dream of home loanership and the never ending fees. The HOA is the only way to make someone pay what amounts to rent on top of a mortgage. Your Home owners fee is just the rent you pay for the privilege of being able to live in the home you supposedly bought. This scam is more devious that Ponzi Scheme we call the insurance industry.
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:35 PM
Response to Reply #38
42. Are you trying to be funny or just displaying ignorance? nt
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Wizard777 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:14 PM
Response to Reply #42
74. I'm damned serious!
I remember the real America. When property rights reigned supreme. If you had the sheer audacity of rudeness to even suggest someone shouldn't paint their house glow in the dark green. If you were lucky you would get run out of town. In the hardcore property rights areas they would drag you from your house, set it on fire and hang your rusky communist ass from the nearest tree. If you told someone that house is an eyesore. They would tell you, then don't look at it dumb ass.

When it's done here in America. We don't call it Socialism and Communism. We call it the HOA instead. That's the truth, the whole truth and nothing but the truth.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:05 PM
Response to Reply #38
66. You ahve absolutely no idea what you are talking about. n/t
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Wizard777 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:27 PM
Response to Reply #66
83. Bull shit! I went to war with one and won.
Frankly if I didn't sell that property after my victory. I would be suing them for fraud and forcing them to buy my property at Predecline value. This would be for their fraudulent claims that their rules protect property values. The length on your grass will do NOTHING to change the devaluation of your property right now. You can follow all the rules to the Tee and your property will still be devalued in the current market. They are promoting services and claims they can't actually provide.
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:42 PM
Response to Reply #35
47. Homestead exemptions and HOA dues are not related to each other.
One is a government function - the other a private matter.
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Wizard777 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:18 PM
Response to Original message
36. HOA's should be outlawed. They are tyrannical and despotic organizations by nature.
Their only real purpose is to force suckers to pay them to usurp their property rights.
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:33 PM
Response to Reply #36
40. Yep - they have only been around for about 2000 years. nt
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Wizard777 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:02 PM
Response to Reply #40
64. Care to elaborate? How so?
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:40 PM
Response to Reply #64
88. Cooperative agreements for share common elements have been around
since the beginning of home ownership.
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Phoebe Loosinhouse Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-04-09 02:57 PM
Response to Reply #40
239. Untold stories of the Bible. Joseph and Mary were evicted by the HOA of New Bethlehem Acres
Not too hard to believe given some of the philosophies expressed on this thread.
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rucky Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:49 PM
Response to Original message
54. Lots of love and sympathy coming from this board.
:sarcasm:
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JanMichael Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:51 PM
Response to Reply #54
55. Typical.
These new "Dems" are freaks. DU didnt' used to be like this.
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rucky Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:52 PM
Response to Reply #55
57. well, I take that back, after reading more carefully.
The nasty ones just stick out more, but there's actually some helpful advice for the lady.
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:12 PM
Response to Reply #55
98. Amen
Those fakeass DLC/Third Way dems are just GAGGING for it.

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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:04 PM
Response to Reply #54
127. I know. It's truly disgusting, isn't it?
I would have expected this kind of response on Freak Republic or some such, not on here. I find it hard to believe that these people call themselves Dems. Or maybe they are the new Dems and we're really fucked.
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Gman2 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 03:55 PM
Response to Original message
59. Fuck associations. Try being a renter, not owner. They want you dead.
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Wizard777 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:18 PM
Response to Reply #59
77. Wrong! They want you dead and burning in hell.
I've even heard HOA board members that can say, "Renter" with the exact same inflection people use say the "n word" with. We haven't eliminated that old hate. We've just found new groups to practice it upon.
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Are_grits_groceries Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:00 PM
Response to Original message
61. Why are people posting ANYTHING except ideas about how to HELP????
Some people see posts as a way to jump in and bitch and moan. If you aren't trying to HELP, why don't you STFU and let people post who are?????
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sixmile Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:11 PM
Response to Reply #61
71. Remember the scrawny kids everyone picked on in school?
That's who we're dealing with. The internet makes them big and strong and smart.

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Ineeda Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:21 PM
Response to Reply #61
79. true. I feel so sorry for this woman.
To be old, disabled, broke, and alone must be awful. With no equity in the condo, I wonder if she'd be better off letting the heartless HOA foreclose. Would that mean they would then be responsible for the property? If so, they'd be stuck with a property they'd be unlikely to be rid of in this market and perhaps have to pay taxes and insurance on an empty condo - or at least the upkeep. She should certainly seek legal advice.
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:10 PM
Response to Reply #61
133. I was happy to make suggestions and recommendations.
I was truly shocked to come back to this thread a few hours later and see all the hateful, freeper shit being posted. Given my previous legal work experience in real estate law, which, consequently, meant that I dealt a LOT with HOA's, I couldn't let them get away with their hateful nonsense.
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Phoebe Loosinhouse Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:11 PM
Response to Original message
70. I would never live in a HOA. Never ever ever ever.
You should google "HOA disputes" and see the horror stories that come up.

Some of them work just fine, others turn into mini fiefdoms where tyrannical boards run roughshod. Since you don't know what type will ultimately evolve, I would just rather stay away all together.

I also do not believe they should have the power of foreclosure. I'm fine with putting on liens, etc., but I have read too many cases of homes and condos being foreclosed on when they clearly should not be. Another issue is when owners become the victims of poor management by the HOA and get sudden notices for multi-thousand dollar "special assessments".

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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:17 PM
Response to Reply #70
75. There is only one way to get a tyrannical board
Apathy.

Every HOA is one electin of the board away from a nightmmare. The vast majority operate so smoothly most homeowners forget they are even there. The homeowners who do know are those who get way behind on payments and refuse to call and make arrangements.

But when HOAs operate so smoothly, most people don't show up to the elections of the board.

So just one election of the board later and nightmares can ensue.

But I guarantee you, those problems affect everybody directly rather than the problems of deadbeats who affect everybody indirectly. Deadbeats force HOA board to increase dues. I know because we had to increase ours last year due to the fact that we have three homes that total over $13,000 in arrears.
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Are_grits_groceries Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:24 PM
Response to Reply #75
81. Why are you posting your tale of woe about how
it is so very, very, very,very hard to collect fees?? Somebody asked for HELP!
Change your avatar. this one is more appropriate:
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:52 PM
Response to Reply #81
92. Since you refuse to read what I wirte
Buh Bye.
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xocet Donating Member (699 posts) Send PM | Profile | Ignore Sat Oct-03-09 05:28 PM
Response to Reply #92
101. Begone...?
It is good that you are willing to leave the thread. You posted nothing of value except for your arrogant take on an unknown situation. "Buh bye", indeed.

I hear the Republicans are looking for new members - it seems as if you have the qualifications to be a really good Republican. With a little work, you might even be able to give Steve King a run for his money in the lack of compassion and understanding department.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:46 PM
Response to Reply #101
114. Who said anything about leaving the thread
I merely wished the poster in question adieu.
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:12 PM
Response to Reply #92
135. Change your fucking avatar, you
smug, self-satisfied Scrooge. Teddy would be truly ashamed of both you and your use of his avatar. Seriously. And YOU are the one who should be gone from this thread. This thread was meant to HELP a fellow human being in trouble, not to trash an elderly woman living on disability being harassed by her fucking HOA. Buh-bye to YOU!
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Ineeda Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:36 PM
Response to Reply #81
108. Don't you just love it when...
people doing legal but unconscionable things say "I didn't have a choice." There is almost always a choice. For heaven's sake, the HOA could organize a friggin' bake sale or something. Generous neighbors would pitch in and could come up with $3000 in a day. There are many, many good people in the world. Often, all you have to do is get involved.
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Rise together Donating Member (11 posts) Send PM | Profile | Ignore Sat Oct-03-09 06:18 PM
Response to Reply #81
140. +1
Please change your avatar, WeDidIt. You're doing a dishonor to Teddy.
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Thickasabrick Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:32 PM
Response to Reply #75
104. How much of that $13,000 are the bogus fines added to their actual
dues?
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:45 PM
Response to Reply #104
113. Not a penny of it is a "fine"
In our state, we can afix market rate interest to unpaid dues and we do so at a rate of 6.9% per annum, so it amounts to a miniscule part of the total.

Most of it are the legal fees the HOA has incurred attempting to collect the debt. In fact, it is much more than 75% of the total at this point. We bill back at precisely the amount we incur from the attorneys and not a penny more. Then, each month, we add any interest at the 6.9% per annum rate.
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Thickasabrick Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:16 PM
Response to Reply #113
137. I am the treasurer of our HOA. We've had a couple of years that
people didn't pay...our dues are around $300 a year. Total we are out because of people not paying is maybe $2,000. If we had hired an attorney - that amount would have doubled or tripled. We have never even discussed in the entire time trying to foreclose on anyone. Bottom line, it is better to eat it and act like neighbors. Eventually, when times get better for people, they start to pay again. Not all, but some. You have a very vicious HOA.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:57 PM
Response to Reply #137
169. If I lived in your HOA, I would be filing a class action lawsuit against it. n/t
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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:34 PM
Response to Reply #169
188. I'm curious
are you a churchgoer?
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Thickasabrick Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 08:14 PM
Response to Reply #169
205. A class action involves more than one, none of our neighbors would
Edited on Sat Oct-03-09 08:16 PM by Thickasabrick
join you.

Oh, and you would lose so you would have to pay all the fees.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 08:18 PM
Response to Reply #205
206. I could name thirty that would join immediately in mine
And I would never lose. You are failing in your fiduciary responsibilities if you do not take every legal avenue for collecting outstanding debts, thus you are favoring some homeowners over others and could be engaging in fraud.
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Thickasabrick Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 08:20 PM
Response to Reply #206
207. We have reduced everyone's fees for three years in a row. Our
people are happy.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 08:26 PM
Response to Reply #207
209. Your expenses must be very low
Edited on Sat Oct-03-09 08:29 PM by WeDidIt
I have alleys to be concerned with and failure to collect would mean a special assessment when we have to redo them.

Our working budgetary figure based upon three quotes two years ago is $140,000 when it needs to be done.

We've got maybe six more years before then (ten if we patch over the enxt few years). My reserves have to be up to par before that date or it's special assessment time. I want to avoid that, but it's tough with snow removal and landscaping as general expenses annually.

Deadbeats insure there will be a special assessment. I have no sympathy for deadbeats.
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 11:51 PM
Response to Reply #206
231. Congratulations, WeDidIt
You Did It.

You just outed yourself as an arrogant asshole who only cares about himself, his value, and his money's worth. Gee, what does that sounds like? You call yourself a Democrat? I call you an ASSHOLE.

You have managed to do one thing that no-one ever did to me - get himself into my ignore list.

People like you disgust me.

I hope we don't cross paths like that again.

If you don't understand about the plight of the elderly, the disabled, you are in the wrong party - there's a party for people like you - Republican Party.

I suggest you resign from DU and go to Free Republic there.

HAND, GOAT, FOAD.

Hawkeye-X
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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:25 PM
Response to Original message
82. Every state has a federally mandated Protection and Advocacy agency for people with disabilities
Florida's is here:

Address: Advocacy Ctr. for Persons with Disabilities
2728 Executive Center, Circle West
Forrest Building, Suite 102
Tallahassee, FL 32301-6200
Phone: 850-488-9071 \ 800-342-0823 (in state) \ 800-346-4127 TDD
Fax: 850-488-8640
E-mail: info@advocacycenter.org
Website: http://www.advocacycenter.org

There are several regional offices. Failing that, try Legal Aid or volunteer legal services, usually available through the Bar Association.
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sixmile Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-04-09 11:35 AM
Response to Reply #82
233. Thanks for the link
Of course they don't offer assistance in this area, but thank you anyway.
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Obamanaut Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:54 PM
Response to Original message
93. Subsidized housing. Rent based on income. No assets. No
family. Living on disability. Should be able to qualify.
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 04:59 PM
Response to Original message
94. HOAs are no secret.
Home buying for the elderly is a dicey proposition. Unless they have a significant income stream, it's usually a recipe for disaster. Homeownership plans were set up so that someone could buy a home in their 30's and have it PAID OFF before they retired.

Having house payments on a disabillity or retirement income is a harsh burden for people to bear.

Banks used to use actuarial tables when they loaned money..once you got to a certain age they would not even make a loan.

It may sound mean to say this, but not everyone CAN "own" a home or should.
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Gman2 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:26 PM
Response to Reply #94
145. Where to live? A casket?
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Thickasabrick Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 05:16 PM
Response to Original message
100. Bless her heart. My HOA just lets it go - it's really not worth attorneys
fees to do anything. I think their needs to be laws preventing HOA's from going this far.
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chatnoir Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:08 PM
Response to Original message
130. Ugh
A little old disabled lady with no family in the world is called a "deadbeat" who "fucked over her neighbors" on DU... I think I've seen the new low here.

If these are the Dems saying this, I think I need to move to "socialist" Europe.
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:14 PM
Response to Reply #130
136. I know. It's truly sickening, isn't it?
And one of them even has the nerve to use a Ted Kennedy avatar. I don't think Ted, or any other Kennedy, would want to know him/her/it.
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XOKCowboy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:21 PM
Response to Reply #136
143. Yeah a couple of people just made my ignore list...
I'm stunned. If that's their opinion on this subject, I don't care to hear their opinion on any other.
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chatnoir Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:34 PM
Response to Reply #136
153. The irony
Teddy would be indignant.

Need to get the Scrooge avatar up in here.

Cannot believe I read that on DU...


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armyowalgreens Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:17 PM
Response to Reply #130
138. Do not worry. My generation is up and coming...
We are the future of the democratic party and we aren't assholes.
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chatnoir Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:38 PM
Response to Reply #138
157. I can only hope
Because if that's a Dem response to this situation, I'd hate to see the Repuke version.

Damn, ppl have lost their humanity.
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Pharlo Finesworth Donating Member (45 posts) Send PM | Profile | Ignore Sat Oct-03-09 07:26 PM
Response to Reply #138
183. Rats, I was born 40 years too soon. I'll miss out on all the free housing,
food, cars and stuff the upcoming generation will be giving everyone for free!
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armyowalgreens Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:33 PM
Response to Reply #183
187. It won't be free. Your taxes will be paying for it. And it won't go to everyone.
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Pharlo Finesworth Donating Member (45 posts) Send PM | Profile | Ignore Sat Oct-03-09 07:42 PM
Response to Reply #187
190. Ah, right. The Madoff strategy.
:D
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armyowalgreens Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:47 PM
Response to Reply #190
193. I didn't realize that the Constitution was a ponzi scheme.
Never mind that. I didn't realize redistribution of capital to those that truly need it was a bad thing.


Not a big fan of helping those in need?
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Pharlo Finesworth Donating Member (45 posts) Send PM | Profile | Ignore Sat Oct-03-09 07:49 PM
Response to Reply #193
197. I am a big fan of helping those in need. I just didn't get the memo on how we pay for
everyone's debts they can't handle for themselves. If you know a way, please let me (and the President) know.
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armyowalgreens Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:57 PM
Response to Reply #197
200. From those according to their ability to those according to their need.
I already know how to pay for it. Progressive taxation.

The question is not how to pay for someones debt. The question is whether or not that persons debt is justified. In the case of the OP, it sounds like the fees and penalties are exorbitant.

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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:47 PM
Response to Reply #190
196. Because reduced cost housing is the same as stealing billions of dollars.
No, wait, thinking that just makes you a tool.

I guess we should just let all those poor people live under highway bridges. They're pretty big, after all.
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Pharlo Finesworth Donating Member (45 posts) Send PM | Profile | Ignore Sat Oct-03-09 07:50 PM
Response to Reply #196
199. This HOA is in effect in a reduced-cost housing project? It would have been helpful if the OP
had explained that part of it.
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sixmile Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-04-09 11:39 AM
Response to Reply #196
234. Poor people living anywhere affects property values
according to a certain phony on this thread
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:26 PM
Response to Reply #130
146. In socialist Europe -
hoa assessments are often referred to as Regime Fees. They think its a positive word.


Kind of funny if you think about it.
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chatnoir Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:39 PM
Response to Reply #146
158. Regime Fees?
Ha, how fitting a term for this thread.
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sudopod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:17 PM
Response to Reply #146
178. Sounds like the OP could use some regime change. :D nt
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FlaGranny Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-05-09 09:00 PM
Original message
Are you aware
that in a senior association there are many, many seniors living on their Social Security and that every time one person doesn't pay their share for maintenance, it falls upon the others on fixed incomes to pay it? There is a nice domino effect there making it more difficult for EVERYONE to pay their fees. The reason for a homeowners association is to share in the common expenses to make sure the development is a nice place to live. Although I feel sorry for this lady, she is causing an increased burden on her neighbors. Every year we have a shortfall of 20-40 thousand dollars which winds up coming out of the pockets of other seniors on fixed incomes, some of whom are also disabled, some in their 90's. The county I live in has many programs to help someone like the lady in the OP - help with electric bills, food stamps, and even help with housing. There are even buses to pick people up for shopping or doctor's appointments. County senior services needs to be contacted to see what help they can give.
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FlaGranny Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-05-09 09:00 PM
Response to Reply #130
246. Are you aware
that in a senior association there are many, many seniors living on their Social Security and that every time one person doesn't pay their share for maintenance, it falls upon the others on fixed incomes to pay it? There is a nice domino effect there making it more difficult for EVERYONE to pay their fees. The reason for a homeowners association is to share in the common expenses to make sure the development is a nice place to live. Although I feel sorry for this lady, she is causing an increased burden on her neighbors. Every year we have a shortfall of 20-40 thousand dollars which winds up coming out of the pockets of other seniors on fixed incomes, some of whom are also disabled, some in their 90's. The county I live in has many programs to help someone like the lady in the OP - help with electric bills, food stamps, and even help with housing. There are even buses to pick people up for shopping or doctor's appointments. County senior services needs to be contacted to see what help they can give.
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flvegan Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 06:31 PM
Response to Original message
150. If she's caught up on her dues, have her ask if she can get the late fees waived.
See if she can offer to pay the legal fees in time, maybe at $25/mo or so. If they foreclose on the unit, they're just going to have to pay the mortgage and taxes, or have their interest wiped out in the pending bank foreclosure. They'll get a little cash at the end, but they may be out a year or so in dues plus any attorney fees and costs. It's better just to have a unit with a performing monthly payment, which it seems they now have, they are just also carrying a receivable account. It's economically smarter.
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Fire1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:09 PM
Response to Original message
174. She sounds like a good candidate for a reverse mortgage. n/t
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Pharlo Finesworth Donating Member (45 posts) Send PM | Profile | Ignore Sat Oct-03-09 07:28 PM
Response to Reply #174
185. The story says she has no equity so that's out.
...
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Fire1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:41 PM
Response to Reply #185
189. If there's no mortgage she has to have some equity. n/t
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Pharlo Finesworth Donating Member (45 posts) Send PM | Profile | Ignore Sat Oct-03-09 07:47 PM
Response to Reply #189
194. Er, where does it say there is no mortgage? There are thousands of upside-down
mortgages (and car loans and boat loans and lots of other obligations) that have no net equity...
Are we talking about the same thing?
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Fire1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 08:05 PM
Response to Reply #194
202. Er, is right. I only saw references to being behind in HOA
payments and late fees. I saw nothing about delinquent mortgage payments. If a property is owned free and clear, there will be some equity and the amount will depend on location. If she has a mortgage then no, she does not qualify.
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Pharlo Finesworth Donating Member (45 posts) Send PM | Profile | Ignore Sat Oct-03-09 08:44 PM
Response to Reply #202
213. No, you are wrong both ways there. The OP clearly said NO EQUITY...
that does not tell us anything whatsoever about the existence or absence of a mortgage. Are you confused as to what the word equity means? And it certainly is possible to convert a mortgage into a 'reverse' mortgage, IF the mortgagor has sufficient equity. It seems we are talking past each other here...
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newspeak Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 09:32 PM
Response to Reply #213
220. she probably has no equity
Edited on Sat Oct-03-09 09:34 PM by newspeak
because of the downturn in housing. If she bought the condo at 150,000. and now it's only worth 100,000. or less, then she will have no equity. Also, senior citizens usually gravitate to apartments or HOA condos because the outside is taken care of--there is less outside work to do, especially if you are disabled.

I have lived in a HOA and will not repeat the experience again. Our front lawns were all taken care of and was paid for by our HOA fees--you had to have permission to plant only certain plants, and our backyard landscaping had to be approved, even though everyone was fenced. I was going to do season wreaths on my door, one for spring, winter, fall, summer. I put up my winter wreath, which was grapevine with apples, and I got a letter informing me to take it down or be fined. A friend of mine lived in another HOA and her neighbor would take his chair out and watch her house all day long. When the garbage truck came, he'd start timing her to see when she brought in her can. Apparently, you had only so many hours for it to be left out. Of course, he was retired and she was young and working.

If this elderly disabled woman had lived near me, I would have assisted her in paying the fees. There are so many seniors who have to chose between medicine, medical, food and bills. I understand why she would have moved there--security and maintenance could be a major factor.

Every story is different--for instance, when one talks about deadbeats--how about wealthy deadbeats? I was invited to a dinner where a couple with some means were there. They had bought a couple of the houses in the HOA and still hadn't paid the fees--let's see, he wasn't going to pay until they really forced his hand. Now, I have no sympathy for someone like that, but someone who is attempting to make ends meet, struggling, maybe because some extra expenditure, I'd help in a heartbeat.
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newspeak Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 09:41 PM
Response to Reply #220
222. also, I'd like to add, that some HOA's or the property management companies
are not very trust worthy. That some have connections (friends, relatives) that they use for business and charge high fees for such services. Some, get kickbacks for using "certain" attorneys or in cases of foreclosure.

Never gonna do HOA again!!!
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sixmile Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-04-09 11:46 AM
Response to Reply #222
235. Exactly the situation here
It's run like a crooked little hamlet. Crooked and corrupt.
Residents are old and poor.
These condo commandos are bored to death with life, hate everything and everyone and get their rocks off meddling in other's business.
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Fire1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-04-09 03:56 PM
Response to Reply #213
240. Equity is the difference between a home's value and any
Edited on Sun Oct-04-09 04:03 PM by Fire1
outstanding debt (mortgage). Equity refers to the amount of ownership value that an owner has in a property. To figure equity value one subtracts the value of the property from the principal balance of all loans liening against the property. The home is considered "free and clear" when home equity reaches 100% of the property's value, regardless of whether the value has increased or decreased.

I've done a reverse mortgage for one of my relatives and you CANNOT BY ANY MEANS convert a mortgage into a reverse mortgage. Don't take my word for it ask somebody who does it for a living, everyday.


edit to add: The reverse mortgage I obtained was on a Condominium with HOA fees of almosst $800.00 a month.
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Fire1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-04-09 07:28 PM
Response to Reply #213
243. Better yet, call Fannie Mae. n/t
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Fire1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-05-09 10:24 AM
Response to Reply #213
244. And finally, "it certainly is possible to convert a mortgage into
a 'reverse' mortgage." Reversing an outstanding debt defies all logic. Think about it.
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Odin2005 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:19 PM
Response to Original message
179. That is unconscionable!
:grr: :(
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mia Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 07:46 PM
Response to Original message
192. She should get a roommate to bring in extra income.
Then she shoud talk to the bank about selling her condo and then apply for a section 8 housing voucher as soon as she can. The condo association won't be able to recover more than 6 months worth of fees or 1% of the sale price according to Florida law. The bank will be the ones paying this if she goes into foreclosure. See this article for more information.


As Foreclosures Mount, Condo Associations Battle With Lenders
http://www.law.com/jsp/article.jsp?id=1202423176300



The same thing is happening in our small condo association - 2 out of 9 owners haven't been paying dues for over 2 years. Together they owe our small condo association almost $20,000. The first 2 units are now officially in foreclosure and we recently learned is that the most we can collect from the bank for the unpaid fees is 6 months dues or 1% of the selling price, which ever is less.

Another owner just said that she will be on disability soon, is behind on her mortgage and won't be
able to pay the dues either. That leaves 6 of us left to pick up the slack for the other 3. The condo bills must be paid and I have had to get a roommate to help pay for extra fees and save for expected assessments to keep up this 60 year old building. We had planned to get a new roof this year, but our reserves are gone and my sympathy is running out.


Florida law does not protect the condo associations, by the way.
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NikolaC Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 08:39 PM
Response to Original message
211. That is so sad
I wish that I had some advice, but the best thing that I could think of to suggest is to contact the local media. Maybe by getting the word out about her plight and shaming the HOA involved there can be a good resolution to this issue.

I have to say that I am ashamed and a bit angered by some of the cold hearted and self righteous responses that I have seen to this OP and other posters. IMO, and experience, HOAs can be miserable to deal with and can be run by some real self righteous jerks. It's difficult to buy a home in the area where we live without them having an HOA, believe me we tried HARD.

When we left the states to live in a suburb outside of Toronto, Canada several years ago, we left an HOA controlled subdivision and they were horrible. We were shocked that in the area outside of Toronto where we were looking we were able to have our choice of homes to look at without having to deal with HOAs. HOAs do exist there, but we did not have to look hard to find an area without them. We finally settled on a beautiful home built in 2005 that was in a nice neighborhood with other beautiful homes. NO HOA. There was no need for an HOA. Everyone was responsible for their own property and took care of their properties and bills. We did not have the dreaded HOA telling us what we could and could not do with our property and we did not have to pay dues. It CAN be done. People can live without having an HOA breathing down their necks and telling them what to do.
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 08:58 PM
Response to Original message
214. Would she mind going public with her problem to ask for help? nt
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csziggy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-03-09 11:21 PM
Response to Original message
230. She might be able to file for arbitration, but I am not clear on the rules
See http://www.myfloridalicense.com/dbpr/lsc/index.html, especially the pages concerning Condominiums and Arbitration.

I have a friend who worked in the state Department of Business & Professional Regulation before Jeb Bush dismantled it and instituted arbitration. I'll try to call her tomorrow and ask if there would be any relief for the lady under the state law. But she has been out of that field for several years and may not be up to date, especially since the arbitration started after she left the department.
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Phoebe Loosinhouse Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-04-09 01:48 PM
Response to Original message
236. Single Family HOAs in general are all about elitism and conformity as far I can see
(I am NOT talking about condos)

The whole HOA concept of gated (mentally if not actually physically)communities with their approved architectural styles, paint colors, plantings, Christmas decorations, are just completely abhorrant( I would think) to anyone who loves individualism , creativity, personal expression, etc. I think it's a miracle that they haven't devolved into regulating the personal attire of the inhabitants and telling them which five breeds of dogs they can own.

Their precious HOA fees go for maintaining the private tennis courts, walking trails, swimming pools, etc. so the residents of Nouveau Reserve on the Retention Pond don't have to rub elbows with any of the residents of Hoi Polloi Acres down the street. The residents of Hoi Polloi Acres meanwhile at least have the freedom to plant as many rosebushes as they like, put awful lawn ornaments in their yard, and fly a flag if they choose.
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FlaGranny Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-05-09 10:39 AM
Response to Original message
245. I work for an over 55 HOA
Edited on Mon Oct-05-09 10:41 AM by FlaGranny
and I also live there. Let me tell you that we know when our maintenance fees are due. If fees are not paid on time, the homeowners are contacted. If they still do not pay, they are sent to the attorney for collection. Once the attorney gets the past due account the attorney charges fees. Those fees are paid by all the residents of the association who DO pay their bills - if the person who owes them does not. In our association, if someone can't come up with the maintenance fees all they have to do is contact the board of directors and arrangements are made to catch up with no interest or fees added.

But again, once the attorney gets the case, the legal fees must be paid. We have very reasonable fees of a little over $100 a month which covers water, lawn care, and facilities. We have some people who owe us months and months of fees and now attorney's fees on top of that. A few are being foreclosed on. Some owe us thousands of dollars and the rest of the residents have to make up the difference so that we can continue to operate. Some of the other residents just barely make ends meet and it is not fair to them to have to pay for someone else.

This lady, if she is really destitute, should contact senior services to see what is available. There are programs to help seniors if they don't have enough money to live on.

P.S. This is not an elite community. It is a mobile home park with many residents 60, 70, 80, and even 90 or more years old.
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