HOE dues

Started by CarolH2 • 3 replies • 1406 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

CarolH2 (Georgia)
Posts: 33

Posted:

Question...

Our Neighborhood has a resident who is $1200.00 delinquent in one house. That home as recently gone to foreclosure here is the twist. The family has purchased another home in the neighborhood. That house is current on the HOA dues so they want access to the pool. The board does not feel like they have rights for the pool access. The family claims that since the Male has the foreclosed house in his name and the female has the new current home in her name that we can not deny them access. Does anyone have any thoughts on this???

Let me know if this needs more clarification.

FredS7 (Arizona)
Posts: 927

Posted:

That is a rather bizarre situation (I have a hard time figuring out how this makes sense for the owners). However it seems to me there is no justification for denying access to the legitimate residents of a house with paid-up fees.

RogerB (Colorado)
Posts: 5,067

Posted:

Carol, an assessment is against the property but is owed by the owner. Just because there is a foreclosure does not mean the personal debt of the owner can not be collected. Check with your state's laws on this.
I would require them to pay their personal debt of $1200 to the HOA prior to giving them access to the HOA's pool.

HoaC (Florida)
Posts: 95

Posted:

I am not so sure this is a true statement. As, the property assessment is against the property. If a lien is filed on the property before the property is foreclosed on, the lien withstands the foreclosure and the bank is liable for for the lien. If the property had not had a lien placed on it, the bank will only owe the current years dues and fees and the Association will have to write those assessments off as a lose. The lien in most cases are filed on the property and not the home owner. Therefore, the homeowner is not liable for past assessments on the foreclosed property, unless a lien or judgement was filed on the owner. Which, you did not address.
The other question is, are the current residents in question married. If they are married, and not common law, then one is as liable for the bills as another.
We have taken the postion, if the property becomes 1 year delinquent, we lien on it. This protects our interest in the property. The banks are looking for anyway at all not to have to pay these past assessments.
Our software processes the entire billing to lien process automatically. This eliminates these issues. You can contact our software vendor @ 352 505 1361.
But, technically, if a judgement is not placed on th prevoius owners, and the byLaws say the assessments are against the property, they have rights to use the pool. If not, I can assure you, if a law suite ensues, the Association will loose. We have had a similiar situation occur and our attorney advised us to give them access to the common areas. If in doubt, consult an attorney. Attorneys offer free consults.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here