ShelleyC4 (Washington)
Posts: 6
Posts: 6
Posted:
Is it possible, and /or worth filing foreclosure on a property for noncompliance over 2 yr period? Missing garage door in a single family home community of 120 homes.
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Foreclosure
Started by ShelleyC4 • 8 replies • 229 views
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LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Doing that now, may end up getting screwed. Consult with your HOA attorney. Some states do not allow to foreclose on the non payment of fines. only unpaid assessments.
In regards to your other post=. The feral cats can pose a threat to the safety and welfare to the community. Get legal council opinion and then if allowed fine the party for threatening
the safety and welfare of the community,
In regards to your other post=. The feral cats can pose a threat to the safety and welfare to the community. Get legal council opinion and then if allowed fine the party for threatening
the safety and welfare of the community,
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Foreclosure on a home is usually done for not paying assessments, not CCR violations.
You asked a similar question in another conversation, but why hasn't our board discuss any if this with your association attorney? If you don't have one, you might want to consult the local bar association for a referral.
You asked a similar question in another conversation, but why hasn't our board discuss any if this with your association attorney? If you don't have one, you might want to consult the local bar association for a referral.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MichaelT21 (Arkansas)
Posts: 462
Posts: 462
Posted:
Shelley,
Despite what my username says, I"m in Washington State which I believe is the same as you. Our property manager says that we should issue fines for non-compliance. When the total amount of fines reaches the threshold for collections (since noncompliant owners never pay fines anyway), then we should send them to legal collections. If they don't pay at that point then we should pursue a foreclosure lawsuit. All legal costs incurred are added to the homeowner account.
Despite what my username says, I"m in Washington State which I believe is the same as you. Our property manager says that we should issue fines for non-compliance. When the total amount of fines reaches the threshold for collections (since noncompliant owners never pay fines anyway), then we should send them to legal collections. If they don't pay at that point then we should pursue a foreclosure lawsuit. All legal costs incurred are added to the homeowner account.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Again... the option is to fix it and send them the bill. If unpaid then can lien. Foreclosure is for unpaid dues. It would be rare to foreclose for fines. Fines are punitive and not required like dues.
Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
We were specifically advised by our attorney NOT to enter anyone's property without a court order unless it is an actual emergency. To do so could result in trespassing charges.
Additionally, it will likely be very hard to find a company to do work on any property without the owners permission.
I suspect that the Associations next action would be to consult with an attorney.
Additionally, it will likely be very hard to find a company to do work on any property without the owners permission.
I suspect that the Associations next action would be to consult with an attorney.
MichaelT21 (Arkansas)
Posts: 462
Posts: 462
Posted:
Yes, I agree consult with an attorney. It's called a "collections attorney" and ask if they will pursue the unpaid assessments (fines) that have been levied. Has the owner been paying dues on schedule the whole time? The attorney's job is easier if they are not paying dues.
Ignore Melissa's advice. Single family HOAs can't touch the homes under most CC&Rs.
Ignore Melissa's advice. Single family HOAs can't touch the homes under most CC&Rs.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Fines are mot unpaid dues...
Former HOA President
AugustinD
Posts: 1,027
Posts: 1,027
Posted:
Quote:
Posted By ShelleyC4 on 10/22/2022 7:29 PM
Is it possible, and /or worth filing foreclosure on a property for noncompliance over 2 yr period? Missing garage door in a single family home community of 120 homes.
Is it possible, and /or worth filing foreclosure on a property for noncompliance over 2 yr period? Missing garage door in a single family home community of 120 homes.
and
http://www.condolawgroup.com/2021/06/15/foreclosure-requirements-for-community-associations/
ShelleyC4, you have to determine if your HOA/COA is subject to this statute section.
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