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Gastonia mom faces foreclosure after not paying HOA dues | Charlotte News, Weather, Sports | WCNC.com | Local News (http://www.wcnc.com/news/local/stories/wcnc-102009-al-mom_foreclosure.237436bb4.html?npc - broken link)
This idiot refused to pay her $175/year dues. NOT because she didn't have the money (she did), but because the HOA didn't cut the grass on unoccupied property.
This reminds me of the people who come here w/o a job and then are shocked they can't find work....clueless.
She paid around $2000 in fines and lawyers fees and what do you think her advice to homeowners was in the end?
I know that we've beaten this subject to death here on City-Data, and I am totally in accord with paying one's HOA fees but I still have one issue that nobody seems to be able to answer for me.
How is it possible for an HOA to get ahead of a bank (the lender holding a first position on the loan) so that they can start a foreclosure? I just don't see that happening. I can understand a lien. I can understand additional charges, penalities and legal fees. But, can someone explain how they can foreclose? Does anybody on board know first hand of such a situation?
Perhaps the "stupid" part of her actions are she doesn't know her legal rights?
BTW I repeat, I am in favor with paying for that you have contracted to pay for but at the same time understand the legal insanity(IF it is legal) of the process of foreclosure for a couple a hundred bucks.
No, stupid is this - have a friend in TN who can't stand his HOA and their tactics. Doesn't like what they do with the money and how they treat residents. So what is he doing about it? He just purchased his 8th house in the same neighborhood and is not paying his HOA dues on any of them.
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How is it possible for an HOA to get ahead of a bank (the lender holding a first position on the loan) so that they can start a foreclosure? I just don't see that happening. I can understand a lien. I can understand additional charges, penalities and legal fees. But, can someone explain how they can foreclose? Does anybody on board know first hand of such a situation?
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When a foreclosure occurs in NC under the terms put forth by statute that covers HOAs, the proceeds from the auction are paid off in this order:
Auctioneer & court costs,
Unpaid taxes
Special assessments (probably covered here since HOA is a deed assessment)
Mortgages
Anyone else with a valid claim.
Remainder goes to state
The new owner is subject to the HOA dues. For any outstanding HOA amount, state law allows the HOA to change the status so that it becomes a common espense that all of the remainder of the homeowners will end up paying.
As a practical matter most mortgage companies will come and bid on the property so they don't lose their investment. This is assuming they have not already forced the homeowner into compliance themselves.
She's paid $2700 in fees but couldn't/wouldn't come up with the $175 for the original dues??
Exactly! She had the money all along but gave excuses about not getting a paycheck, yada, yada, yada......but you know what? You'll STILL get wacko people who will bash the whole system and bring up the USSR saying their communist and all that nonsense.....
To me, the logical thing to do would be pay your dues (obv), then goto your next HOA meeting and bring up the issue of unkempt lawns. If you are polite and professional about it, I can guarantee you you'll get more done than if you just don't pay. If you don't get the answer you want, then get more involved, get your community involved and run for the board at the minimum. How hard is that to figure out???
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