Notice of Violation

Started by VeronicaB • 9 replies • 1602 views

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VeronicaB (Florida)
Posts: 1

Posted:

We received a notice of violation today which requires for us to clean and paint the house on or before Oct.18. We are currently on pre-foreclosure but have been paying the association fees and are current. We have no means to paint the house . What should we do? Any advice ? Thanks

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By VeronicaB on 09/19/2013 11:59 AM
We received a notice of violation today which requires for us to clean and paint the house on or before Oct.18. We are currently on pre-foreclosure but have been paying the association fees and are current. We have no means to paint the house . What should we do? Any advice ? Thanks

I would contact your management company or if none your Board; describe your situation; and ask for an extension of time.

SheliaH (Indiana)
Posts: 6,964

Posted:

Talk to your board and see if you can come to a compromise. If the house needs to be cleaned, money shouldn't be an issue, but as far as the painting is concerned, perhaps they'll give you an extension.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

DaveD3 (Michigan)
Posts: 796

Posted:

What are you in violation of that requires painting within 30 days?

CarolR11 (Colorado)
Posts: 2,563

Posted:

What does "clean" the house mean? Power wash? Or?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

What is the punishment if you don't? There are two options. The first is that there has to be a fining schedule in place before they can place a fine. However, fines can not be the bases for liens/foreclosure by the HOA. There are some "creative" methods some HOA's use to make a fine look like unpaid dues, but unpaid dues are the basis for liens/foreclosures.

The second option for the HOA. If you do not paint the home, the HOA can come in on their dime/price and do it for you. Which means that they then can lien you for the money they spend on doing so if you do not pay. They can't arbritarily place a lien on your property until they have spent the money for correction. Which is their right to do in many HOA's.

It is hard to say to go to your HOA and let them know about your situation. Not sure what kind of action they may take knowing your in bank pre-foreclosure. However, foreclosure information is public information. It's just hard to find unless you know where to look for it. Most HOA's I know don't know that. It is published in the local newspaper in the classified LEGALS section. Going into foreclosure with the bank, you may get a pass to ignore it. Just may be a bit of a bad taste.

Former HOA President

AllisonD (Florida)
Posts: 449

Posted:

What is pre-foreclosure? Does that mean you are in the foreclosure process, will probably lose the house but are still paying dues? Or are you trying to negotiate to keep the house?

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Yes. Foreclosure occurs when the deed hits the courthouse steps at auction and is taken from the owner.

The HOA board needs to know this situation of pre-foreclosure situation as it's pointless from them to assess fines or issue threaten on a hugely distressed property. PLEASE communicate with your board or its property manager. The board will then only proceed out of stupidity or arrogance.

JH3 (Maryland)
Posts: 67

Posted:

People always get scared about violation notices. They essentially mean nothing.

Request a hearing with the board in executive session and talk it out with them.

The board has to provide you with a hearing if you request it before they can impose and fines or sanctions. This is due process and guaranteed to you via the US constitution.

Bring the letter you received, ask which specific rule you're violating, and ask how long you have to correct it. They have to give you this information.

Then explain, you can't because of your situation.

Most reasonable boards will understand. Just be nice and considerate.

AllisonD (Florida)
Posts: 449

Posted:

Quote:

Posted By KellyM3 on 09/20/2013 8:25 PM
Yes. Foreclosure occurs when the deed hits the courthouse steps at auction and is taken from the owner.

The HOA board needs to know this situation of pre-foreclosure situation as it's pointless from them to assess fines or issue threaten on a hugely distressed property. PLEASE communicate with your board or its property manager. The board will then only proceed out of stupidity or arrogance.

What I wanted to know is do they plan on keeping the house or are they living there until the bank or new buyer takes the house? If they are hoping to keep the house, they may want to react differently than if they are eventually leaving, in which case, they would probably let the fines stack up. I am surprised they are still paying their dues, so this is why I thought they may be trying to keep their house.

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