HOA Responsible to Clean Yard of Absentee Owners

I would like to know if the HOA homeowners are responsible to pay for yard cleanup on a vacant property with an absentee owner. I belong to Sierra Dawn North here in Hemet. The board insist we are non common interest community. There are about 335 properties. We have 2 properties that has been empty since I moved in the community last August 2015. Yards have been unkept since. In fact, both properties had homeless people lived in it. We were able to get rid of them. They just had it cleaned up and we paid $1000 total. I believe both houses are going to foreclosure. When I asked if we are going to be reimbursed for the clean up of $1000, they told the board in the meeting that we are NOT going to be reimbursed. I asked why not when it can be recovered from the foreclosure process. Is my assumption correct? They insist no. In fact, the current president started to yell at me because I had asked this in the prior HOA meeting. The reason why I asked is because there are charges in the financial statements that are questionable. Maintenance without any details, 3 or maybe 5 attorney fees in 1 year that we had to pay. 2 of the attorney fees did not even have attorney names but we paid $1000/lawyer.. They said their current lawyers want them to keep $100K reserve in the bank for lawsuits. These are just a few that I have problems with. If someone could shed light on this issue, I would greatly appreciate it.

Luckily in my state, we have local township trustees who have authority to compel homeowners to mow their grass, absent of HOA rules. If the homeowner does not comply, the trustee will mow the lot and put the expense on the homeowner's tax bill.

Because my HOA is low on funds, we ask the homeowners adjacent to unmowed lots, to contact the trustee's office for resolution. Do you have any sort of agency that may assist?

The attorney who filed your papers with the Secretary of State did so improperly based on the language of your CCRs. He is also the agent for that association. The expense of the $1000.00 may be a reimbursable expense and the only way to know is submit the bill to the bank who owns the property. You should know the bank, if the property has been foreclosed, are liable for dues once the deed is recorded, if they record, Some will foreclose but not record to get out of paying their obligation to the HOA.

I think the HOA has a responsibility to at least try to get reimbursed. They apparently forget they are spending other people's money. They should at least file a lien on the property.

I don't know about California, but in some states a lien withstands foreclosure. That doe not mean you will necessarily get your money from this foreclosure, but the lien will remain and you will eventually get it.

Sorry folks, in California, only properties with unpaid assessments can have a lien placed on them. In order to foreclose, the lien on the property will need to be either 12 months or $1800.00.

You CANNOT place a lien on property solely for the purpose of recovery a fine, nor can any part of the $1800.00 be from a fine.

STILL A FINE, anyway you slice it.

Sorry, Melissa, I have been down that road and you lose,why??, because the court says so.

Now, would I have done it differently, yes. I know this particular HOA and well, not very bright.

I would try and explain, but you're from Alabama and that pretty much says it all.

No comment.

There was someone elese that came on this forum asking similar questions about your community, so you are not the only one.