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SandiF1 (Georgia)
Posts: 1
Posted:
Hello, we are a fairly new HOA in So Georgia and I just took over as the treasurer. I'm trying to figure out the best way to get notification of when a home sells to get the new owner information, or if a home forecloses and there are still dues owed, do you write those off, or go after the bank? Our dues are only 300.00 year, and we have about 88 homes, so its hard to keep track of when people move. I can get the tax assessors info online, but that info is dated about a year old..Any suggestions?
JaniceM1 (Georgia)
Posts: 27
Posted:
Sandi-

The closing agent should & I stress the word "should" call the associaion for a closing letter.
If you have a management company they should be the one to handle this, if not, your corp. information should be available online with the Secretary of State. Typically the Secretary of the BOD will get calls from agents & attorneys to get assessment history.
If there is money owed on the account, you can request it to be deducted at closing and drafted to the association(to be paid by the seller).
On Re-Fies a closing letter is requested to clear the closing for any past due assessments (this letter is paid by the owner at closing).
Associations usually charge for a closing letter (our community charges $95.00 and it all goes to the management company).
You also have prorated fees for the assessment and you can charge a transfer fee. All of this is based on what is out lined in your CCRs, double check to make sure your association is current on what it should be collecting.
I am from Georgia too & I guess it depends on the county you live in on whether the tax assessments are up to date (my county they are & we rely on them).
For the most part, attorneys do their job by contacting the association for assessments.
Bank owned properties, we have had banks pay the assessments and maintain lots. We have been lucky. It wasn't easy but we are getting it done.
Our budget for 2009 we added an additional cushion for bad debt. an increase from 5% to 7%. I have to say we do an exceptional job on collections and this is not a bad figure, but some communities reserve a slightly higher percentage.
Let me know if this information helps.
EllenS1 (Florida)
Posts: 1,148
Posted:
SandF,

If you have a competent management company they can be asked to notify you. We asked ours but they haven't done it. When a closing agent checks to see if assessments are current whoever provides that info should be able to let you know.
KirkW1 (Texas)
Posts: 1,665
Posted:
As a note if they don't use a title company (or lawyer) and thus don't find out the amount of the dues is typically still a lien upon the property (meaning the new owner can be blocked from resale), and a personal debt of the previous owner. If this is the case, then you can go after both the previous owner and the new one.

But at least under Texas law the HOA remains a "previous encumbrance upon the land." Thus the HOA retains the right to file a lien. The exception being that a first mortgage generally has priority and thus if the bank forecloses the HOA is out the money. (Well they can still go after the previous owner as a personal debt but that is typically a lost cause.) Having said that, one of our Board members said he purchased a foreclosed house and the bank left him to settle up with the HOA as a final condition of sale. But that is the mercy of the bank.

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