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Of course it's relevant. Unless of course you want HOA's to start treating payments that are 1 day late the same as ones that are 1 year late.
That would seem fairer, yes. I see it as a good question because frankly I'm not a homeowner, and don't plan on being one until I get out of the military. So all this stuff is good reading for me.
Of course it's relevant. Unless of course you want HOA's to start treating payments that are 1 day late the same as ones that are 1 year late.
You are dealing with a market based issue.
You won't find that in tract built housing. Its part of the game, they are selling you on the entire package, not just the pieces you want.
He's not the one sounding crazy.........
don't have any idea what point you are making.
I might if I thought it would really make a difference.Go cry to the Do Nothing Congress to actually do something.
Guess what Senator John Carona owns!
http://www.wfaa.com/news/investigate...122680849.html
He just told me to go cry to the Do Nothing Congress.
Perfectly sane comment!
It's a ty game with ty rules.
It's evil.
Like everything else an HOA does, that would violate the homeowner's private property rights, tbh....
That would seem fairer, yes. I see it as a good question because frankly I'm not a homeowner, and don't plan on being one until I get out of the military. So all this stuff is good reading for me.
5 grand?
Because thats about where we were at with this HOA stuff after all the late fees and fines and what not from what I'm reading.
Talking about the fairness of foreclosure without reference to the details concerning notice given is like talking about classical music without reference to Mozart.
Federal government ins uted Fair Housing Laws where you could no longer be denied housing based on race (among other things)
Prior to that you could deed restrict neighborhoods to races (and other things).
My grandparents subdivision was one.
How's me telling you about my amenities in order to make you realize you got a ty deal on a house downstairs level posting?more downstairs IQ level posting.
neat
That too.
I guess you could just file a federal lawsuit and hope it makes its way to the Supreme Court declaring that HOA's should be deemed either a. voluntary or b. illegal.
And talking about it without reference to the amount owed seems silly as well. What if the fee owed was $10? Even if the woman didn't respond to months worth of collections, would you agree that it's reasonable to forfeit a $300,000 home over $10 of unpaid debt?
You're mixing issues.
Your original point was that RG's question was a fair characterization of what happened. Now it seems you think it isn't a fair characterization because it ignores the fact that this was getting a year's worth of notice about the foreclosure.
To answer your question -- if I were receiving a years worth of notices saying that if I don't pay my $10.00 fee to the HOA they will foreclose -- yes, I do think that it's reasonable for the HOA to foreclose. I think the issue would be different if little to no notice were provided to me in the case of a $10.00 debt.
The challenge is that your property is the only asset an HOA can file a lien against to ensure that they get paid. It's not like the HOA has a legal avenue to take the "less evil" approach and just "foreclose" on your car to pay off your debt.
So while I agree that it is one sided to foreclose on a $300,000 dollar house just to collect an $800 debt, the HOA is legally en led to collect on that debt and without a homeowner willing to work with them towards making a different arrangement there's nothing other than the house for them to attach to. Is that a sucky situation for a homeowner to be in? Yeah, it would be, but it's also one you'll only end up in through gross negligence on your own behalf.
If the HOA thinks it's reasonable to foreclose over a $10 debt that's their legal right. That would also be a testament to the homeowners stupidity for not reading their mail.
Perhaps I am. Let's clear that up.
I'm looking at RG's question in a vacuum. Yes, this woman already signed the contract, so until they invalidate that, she's screwed and yes she's dumb for not opening the bills.
I'm not a lawyer so I'm sure types like you can answer this, but aren't there contracts that are found to be illegal due to being one-sided, unfair, etc etc? This seems like one of those cases. Now, I'm not sure about the specifics that would make it fair (how much would be owed, how long a time in default, etc etc), but having to give up a house you OWN (in theory) just rubs me the wrong way.
See, to me, even if you didn't pay that $10 dollars for 5 years, giving up a $300,000 house doesn't seem like a reasonable solution. Now, I don't mind hitting them with lawyer fees or things of that nature, which would run the debt up quite a bit. Jut sending out notices, even if there are quite a few, seems to me like not enough due diligence... I would think at least a phone call or two would be in order if they were going to repossess your house.
That sounds like a strange way to do business. Couldn't they just take them to court? *shrug* It's laws like this which make me wait until I'm settled down to buy a house, and not try to flip stuff like a lot of military members do.
So it was not evil until 1948 when the Supreme Court said so.
vy65 still doesn't get it.
[insert many funny emoticons]
They are taking them to court. Foreclosure is done through the legal system. Even before it gets to foreclosure the HOA has to go to court to prove the debt is valid in order to get a lien against the property.That sounds like a strange way to do business. Couldn't they just take them to court? *shrug* It's laws like this which make me wait until I'm settled down to buy a house, and not try to flip stuff like a lot of military members do.
Don't you just love the en lement mentality.
See, to me, even if you didn't pay that $10 dollars for 5 years, giving up a $300,000 house doesn't seem like a reasonable solution. Now, I don't mind hitting them with lawyer fees or things of that nature, which would run the debt up quite a bit. Jut sending out notices, even if there are quite a few, seems to me like not enough due diligence... I would think at least a phone call or two would be in order if they were going to repossess your house.
You send it certified mail because then you have a paper trail. I assume notices were sent via certified mail because then that protects you in court from the 'I never got them' defense. Same thing with a phone call, there is no paper trail. There is a reason why things are done in the mail and not via a phone call. Phone calls dont work. Simple as that, and they can easily be overturned as evidence in a court room. Certified mail, not so much.
using that logic, HOAs are not evil. The Supreme Court has not struck them down in any case yet.
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