States should ban nonjudicial foreclosures

This is stupid. Enough said. No debate. Someone owes me money I legally collect on my money owed. End.

Assessments should be treated like any other debt. My experience has been it's a small percentage of owners who are late and even smaller who don't pay. To force the sale of someone's home for a couple thousand dollars is completely lopsided, a denial of due process, and just plain heartless.

I agree with Terri in that any taking to satisfy a debt should require presentation of evidence and ruling from the judiciary.

That’s not specific to HOAs. If you have a right to property that someone has given as security and then defaulted on, you should be able to present that coherently to a court in open hearing. The property owner should also be able to contest it by presenting counter evidence in open hearing. A judge not in the pay of either party should rule. Yes, it is slower and more expensive. Reasonable oversight also means it is also less likely to be abused.

Terminating rights should require independent oversight as a means of reducing the likelihood of abuse.

A well run HOA should have no problem with oversight. It will stand up to scrutiny. I guess the question then is what you are actually afraid of.

But property rights are not specific to HOAs, and property rights are only one category of rights.

Termination of rights should require judicial oversight.

I understand your position on non-judicial foreclosures. But I would like to know what you think an HOA should do about someone who is not paying their assessments for whatever reason. Should the HOA make a value judgement about why they aren't paying? Someone on a fixed income who simply can't afford it should be treated differently than someone who is protesting and won't pay?

Next step - why is it fair to the other owners to carry the weight of whoever won't or can't pay? We all feel bad for the person who gets themselves into a situation. But an HOA is not a social service agency.

In Florida, we can lien without any judicial involvement, but a foreclosure has to be done through a lawsuit. In your mind is that ok? Do you believe it's ever ok for the HOA to foreclose on someone's property because of late assessments?

Each is responsible for his own debt. The supreme court case and the Idaho law address the disparity between the amount of debt and the amount of equity. Assessments should be treated like any other debt. Personally, I don't believe foreclosure is an appropriate or equitable form of assessment collection. Eighth Amendment U.S. Constitution.

People should pay their bills or get out. File a lien and if its not paid, foreclose or do whatever else is needed to collect. I just am not in favor of non-judicial takings.

However there is always a judgment - I would probably not foreclose on someone who is terminally Ill. It is simply cruelty. Also there is an end point to it and the lien will likely get satisfied. But I do not feel the same way about someone who is long term unemployed.

Here is the solution if you feel so bad for a person being foreclosed on for NOT paying dues. Dues are the income of the HOA after all. You can pay their dues for them. This will avoid the need to foreclose or "fight the HOA" with a lawsuit. Feel free by forfeiting the option of getting rid of someone who doesn't pay their dues and benefits the same while everyone else pays theirs or more. But hey you are the Winner here as you just made sure the HOA can't use their powers to lien or foreclose if YOU paid up their dues for them. Problem solved.

FYI: When a HOA forecloses on a home it has nothing to do with the "Equity" in one's home. That does not play a role. The foreclosure is just for the back dues owed and legal expenses. If you owe $5K in back dues and the HOA spends $5K in legal process, then the auction starts at $10,001. The first bid goes to the HOA first and then opens up to ALL the other bidders at a PUBLIC auction on the court house steps. This is DIFFERENT from a bank foreclosure. That may factor in home equity. Although that has NOTHING to do with the HOA.

Now if the HOA is stupid enough and bids on the home, then this is what happens. The HOA will have to pay the $10,001. Which then puts them $20,001 into the hole off the bat. Remember the 10K is the debt already owed the HOA. The HOA then has to pick up the mortgage of the home. Now the HOA has to make house payments. The HOA will then have to pay for utilities, maintenance, and repairs of the home. There is the right of redemption period in many states. Meaning up to a YEAR the home can NOT be sold or basically improved upon. The original owner can re-purchase the home back for what they owed and pick up the mortgage. Did I also forget the HOA will have to pay for the taxes AND the HOA dues? Yes, the HOA has to pay the HOA dues on the home if they own it.

Now your thinking what if the HOA rents the house? Well that still means mortgage payment, taxes, HOA dues, and repairs/maintenance. Oh and that they can't rent the place out for a profit? They are a non-profit corporation. If they made a profit on the rent, then they have to pay the IRS some taxes on the additional profit.

Well what if the HOA sells the property? Well great idea! Let us see... They have to pay a Realtor to sell the house. That is an expense. The sale of the home could be subject to taxation. Where would the money go? To the reserves? That does NOT mean a single dime would go to any individual members as some sort of profit sharing. The HOA is NOT in the Real estate business.

Again your solution to ending ALL foreclosures is very simple. It takes no quote of statutes or opinion. You can PAY what is owed the HOA. Done! Feel free to pay anyone's foreclosure bills and none of this horrible HOA tragedy will happen to you or others.

How is that? You think small claims court is the answer to everything. It is the WORST option in 90% of the time. Suing your HOA is suing yourself and your neighbors. I am sure everyone loves to be sued in your HOA...