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Old 06-09-2023, 04:12 PM
 
Location: Illinois USA
1,306 posts, read 852,147 times
Reputation: 967

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does anyone here know if they have the power to foreclose on your property if you cannot pay for special assessments fee ?
any other pitfalls to look out for ?

Looking at a property which is a HOA of only 7 houses and they do not have a maintenance company but all the owners themselves manage it

should I have an attorney look at the bylaws ?

or most of you just avoid HOA altogather and its not worth the hassle?
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Old 06-09-2023, 04:24 PM
 
Location: Sacramento
1,231 posts, read 1,662,848 times
Reputation: 1821
The HOA can place a lien on the property for late or non-payment of assessments levied. The Davis-Stirling Act is the law that governs HOAs in the state of California.


Quote:
ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

5675.
(a) The amount of the assessment, plus any costs of collection, late charges, and interest assessed in accordance with subdivision (b) of Section 5650, shall be a lien on the owner’s separate interest in the common interest development from and after the time the association causes to be recorded with the county recorder of the county in which the separate interest is located, a notice of delinquent assessment, which shall state the amount of the assessment and other sums imposed in accordance with subdivision (b) of Section 5650, a legal description of the owner’s separate interest in the common interest development against which the assessment and other sums are levied, and the name of the record owner of the separate interest in the common interest development against which the lien is imposed.
(b) The itemized statement of the charges owed by the owner described in subdivision (b) of Section 5660 shall be recorded together with the notice of delinquent assessment.
(c) In order for the lien to be enforced by nonjudicial foreclosure as provided in Sections 5700 to 5710, inclusive, the notice of delinquent assessment shall state the name and address of the trustee authorized by the association to enforce the lien by sale.
(d) The notice of delinquent assessment shall be signed by the person designated in the declaration or by the association for that purpose, or if no one is designated, by the president of the association.
(e) A copy of the recorded notice of delinquent assessment shall be mailed by certified mail to every person whose name is shown as an owner of the separate interest in the association’s records, and the notice shall be mailed no later than 10 calendar days after recordation.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
https://www.hopb.co/california-davis...20developments.
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Old 06-09-2023, 06:05 PM
 
Location: Northern California
130,230 posts, read 12,093,129 times
Reputation: 39036
I think a lien for when it is sold. Our hoa is only $30 a year, so I am not worried about it. We pay it. But it is not a condo type, it is all single family homes.
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Old 06-10-2023, 08:47 AM
 
Location: Sandy Eggo's North County
10,304 posts, read 6,832,149 times
Reputation: 16868
As long as you realize that HOA's are made up of people that had sand kicked in their face when kids, and that they want to "get even" with everyone, then it's all good. I guess.....

Remember, these are unvetted people that have been given power.

No phych testing, no character testing. Nothing.

At least law enforcement entities do this, and look at how they operate....
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Old 06-11-2023, 11:08 AM
 
Location: Marin County, CA
787 posts, read 644,163 times
Reputation: 869
Quote:
Originally Posted by NORTY FLATZ View Post
As long as you realize that HOA's are made up of people that had sand kicked in their face when kids, and that they want to "get even" with everyone, then it's all good. I guess.....

Remember, these are unvetted people that have been given power.

No phych testing, no character testing. Nothing.

At least law enforcement entities do this, and look at how they operate....
NIMBYism has no cure.
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Old 06-12-2023, 01:22 PM
 
Location: So Ca
26,726 posts, read 26,806,307 times
Reputation: 24789
Quote:
Originally Posted by NORTY FLATZ View Post
As long as you realize that HOA's are made up of people that had sand kicked in their face when kids, and that they want to "get even" with everyone, then it's all good. I guess.....

Remember, these are unvetted people that have been given power.
"These people"--members of an HOA board--are elected by the residents of their HOA community. If residents don't like them, they should vote them out.
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Old 06-16-2023, 04:48 AM
 
Location: Sandy Eggo's North County
10,304 posts, read 6,832,149 times
Reputation: 16868
Quote:
Originally Posted by CA4Now View Post
"These people"--members of an HOA board--are elected by the residents of their HOA community. If residents don't like them, they should vote them out.
So very true, but in the meantime, you have to deal with the current regime. And who's to say the next person is any better?

(Just thinking about 1600 Pennsylvania Blvd...)
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Old 06-16-2023, 06:36 AM
 
Location: So Ca
26,726 posts, read 26,806,307 times
Reputation: 24789
Quote:
Originally Posted by NORTY FLATZ View Post
So very true, but in the meantime, you have to deal with the current regime. And who's to say the next person is any better?
You can always run yourself, Norty.
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Old 06-16-2023, 05:11 PM
 
Location: Sandy Eggo's North County
10,304 posts, read 6,832,149 times
Reputation: 16868
Quote:
Originally Posted by CA4Now View Post
You can always run yourself, Norty.
This IS true.

If you don't like the food, then YOU get to be the chef! LOL!

Luckily, I don't live under the auspices of another level of Government.

(Actually, luck had nothing to do with it.)
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