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How do HOA rules get enforced if there's a bad apple who just refuses to comply? It sounds like the rules get followed mostly because people feel too embarrassed/guilty not to, but what happens if you get a real thorn of a homeowner?
I might be wrong but I think liens are one remedy.
How do HOA rules get enforced if there's a bad apple who just refuses to comply? It sounds like the rules get followed mostly because people feel too embarrassed/guilty not to, but what happens if you get a real thorn of a homeowner?
HOA's typically have a fine policy that includes a graduated series of steps; e.g., written warning first, followed by a fine if the violation is not corrected, followed by a higher fine, etc. These fines are applied against the homeowner's account, similar to how their normal HOA fees are applied. Accounts that are delinquent result in the homeowner not being able to use community amenities (e.g., clubhouse, etc.) until the overdue amounts are paid. The exact process can vary between HOAs with all of this spelled out in an HOA's governing documents.
Any fines are legally enforceable against the property and survive change of ownership. If someone buys a property that has unpaid fines, they have to pay these as part of taking ownership of the property.
I might be wrong but I think liens are one remedy.
Yes, liens are the ultimate remedy, which is how unpaid HOA fees survive change of ownership. Some unpaid fees (which may or may not include any fines) may ultimately get written off by an HOA. If a property owner declares bankruptcy, the HOA would be in line behind a bank that had an outstanding load on the property, so the HOA debt would likely never get paid.
One measure of HOA solvency/health is to look at the level of homeowner delinquency (in paying all their fees) and bad debt. This is something else you can ask about as part of doing due diligence on an HOA that you are thinking of buying into.
In large communities such as Mirehaven, how do the amenities get paid for? Is that part of the yearly HOA fee, or does the developer charge a percentage of the purchase price, or is there a similar fee to a CDD which is added to your real estate taxes to pay for the amenities, etc?
In our Alegria HOA, it is all part of the standard HOA fee. Mirehaven is different, they have a Public Improvement District (PID) that adds to their property taxes. Which sounds equivalent to your CDD fee. This link - http://nmdfa.state.nm.us/uploads/Fil...glyphs_PID.pdf - shows the current annual amount of the special PID levy for Mirehaven, which ranges from $650 to $995 depending on lot size.
One more post on a comparison of taxes between Alegria and Mirehaven. I had a PM exchange a couple of years ago with a C-D poster who had been looking at taxes in Mirehaven. They told me that one property listing in Mirehaven, valued at $269,000, had a $4555 property tax. I'm assuming this included the PID levy.
Our property is assessed at $270,000 by the county, so is nearly identical to the referenced Mirehaven property. Our 2014 property tax payment was $2,616. So you can see there is a significant difference in property taxes between the two communities.
The basis value for our tax payment is one-third of the assessed fair market value or $90,000. This is because most local tax revenue in NM comes from a county gross receipts tax (GRT). The total GRT rate, including State and local portions, is about 7%.
The Sandoval County tax assessor's website - Sandoval County - TAX RATES provides more detail on how the mill levy rate is computed as well as info on available exemptions.
If you're working at Kirtland, the NE heights will be a much better commuting option than Rio Rancho. If you do decide RR is your choice, try to live in easy access to I25 via Paseo Del Norte or US 550 so you can cruise down I25 to Gibson. Getting a nice family home in the far NE heights for the low 200s might be a challenge, but in RR will be easier. Other than your need for good schools, I'd suggest thinking about if you like a very suburban life (Rio Rancho) or like to be closer to work and city life. The HOA stuff you can figure out when you decide on where you actually want to live.
If you're working at Kirtland, the NE heights will be a much better commuting option than Rio Rancho. If you do decide RR is your choice, try to live in easy access to I25 via Paseo Del Norte or US 550 so you can cruise down I25 to Gibson. Getting a nice family home in the far NE heights for the low 200s might be a challenge, but in RR will be easier. Other than your need for good schools, I'd suggest thinking about if you like a very suburban life (Rio Rancho) or like to be closer to work and city life. The HOA stuff you can figure out when you decide on where you actually want to live.
I, and my wife, do not agree. My wife worked at Kirtland for over 10 years, we lived in Rio Rancho, and her commute was about 40 minutes. She did not take the Interstate.
Her Boss lived in NE heights, and his commute was longer.
It really depends on where you actually live and where you actually work, and what times you commute. The few times I commuted I departed at 05:00 hrs, and I returned around noon...
You can drive 10+ miles just in Kirtland... And at a reduced speed.
I, and my wife, do not agree. My wife worked at Kirtland for over 10 years, we lived in Rio Rancho, and her commute was about 40 minutes. She did not take the Interstate.
Per google maps, the commute time from the southern edge of Rio Rancho to Kirtland Wyoming gate is 31 minutes, 19.9 miles. From Academy and Eubank it is 18 minutes and 7.3 miles.
I also worked in that area by the Truman gate to Kirtland and I can tell you it took me about 15 minutes to get to work at 7am and I'd be hard pressed to see me reaching that area from Rio Rancho in 15 minutes.
Last edited by foggnm; 03-10-2017 at 01:37 PM..
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