Quote:
Posted By SheliaH on 10/10/2022 7:39 AM
Posted By MaxB4 on 10/08/2022 8:17 PM
Posted By LetA on 10/08/2022 1:58 PM
There was talk a few legislative sessions ago about having the mortgage lender collect the assessment and paying the HOA, but that went nowhere considering the HOA lobby at that time had a very strong
hold in the legislature.
This would never for a variety of reasons.
1) Knowing who was running the association, self managed or with a management company.
2) Loan servicers want to be able to pay annually, not quarterly or monthly
3) Have to write way too many checks
4) lack of communication when HOA changes management companies.
The list is endless
Considering the usual lack of cooperation I saw with mortgage companies when we informed them of homeowners who were delinquent in paying assessments, I for one, don't give a fast you know what about how much work they'd have to do.
The mortgage agreement usually state the homeowner isn't to do anything that would result in a lien being placed on the house, so you would think it makes sense to at least send an annual notice to the homeowner requiring him or her to verify the community's property manager and contact information.
No, this doesn't guarantee there won't be problems, but it's a start. They could also pay all the assessments for the year in January and be done with it. And if the homeowner quit paying the mortgage, the bank can go ahead and sue and the HOA wouldn't have to get involved because it would already have its money.
California has near 60,000 HOA's, of which about 30,000 are self-managed. Many of those 30,000 are not incorporated and many do not update their records with the Secretary of State. Good luck with communicating back to a loan servicer.
Below is the language pertaining to borrower and lender in regards to an HOA.
A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the: (i) Declaration; (ii) articles of incorporation, trust instrument or any equivalent document which creates the Owners Association; and (iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents.
F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender
may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest upon notice from Lender to Borrower requesting payment.