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This is one of several reasons why I refused to even consider buying a property that was part of an HOA. Thank God I still have that choice. I hope everything works out for the OP.
I think you may have excluded part of the original statement. For how many months did you neglect to pay your HOA fees?
If you don't pay the fees that contribute to maintaining your neighborhood, then the other members of the HOA are paying for you. Taxes pay for upkeep of the public areas, so your HOA fee is like property tax for a small private area. What would happen if you did not pay your taxes?
I am not sure what your HOA does, but if you think they're not worth paying fees for, maybe you and the other residents can band together and vote to reduce the fee to $1 or disband the association. If you don't like the bylaws as they are currently written (if they disallow disbanding for instance) you and a few other neighbors can probably find a lawyer who can help you find a way around that.
Our HOA sent us a letter that arrived March 11 saying if we don't pay by the 12th, they're putting a lien on our house. The letter is dated March 2nd, was mailed several days later from several states away. We didn't receive any prior notification in form of writing or phone call, but the letter states we have. Obviously, I will call tomorrow and arrange payment, but how on earth can they be allowed to do this? Aren't there any laws protecting us from HOAs? Seriously... one day's notice that a lien is going to be put on your home?
Just respond to the letter in writing and pay what you owe. Then, no problem.
Even if what you are saying is true, you would wind up paying more in legal fees to fight it.
and you would lose in court. If you follow the rules, the HOA won't bother you. They would only take you to court if you don't follow the rules, and you can bet they are backed by plenty of evidence against you. You have no chance.
If you don't like how things are run, attend the meeting and get on the board. Most residence don't attend meeting unless they have a complaint, they don't want to get involved..
Our HOA members can vote to disband any time. They moved here because of the HOA. If they voted to disband, the entry gates would cease to operate, allowing anyone in at any time. There would be no street maintenance, no sweeping, no asphalt repair when needed, no insurance, making the residents responsible if the assocciation is sued, like in event of an accident or injury.. They would lose far more than they gain by being members...
The budget of an HOA is based on all members paying their assessments. When members do not pay, it is their neighbors who suffer, people who are juggling bills just as the OP. To not pay the HOA assessment hurts people, not corporations. There is no bail out for HOAs. And HOAs = families.
I currently live in a HOA, my plan down the line is to NOT ever live in one again.
The person assigned to deal with problems here in our neighborhood, takes your emails and calls but then selectively deals with what is going on.
I have complained since 2004 about a problem with my neighbors to the back of my back yard. I have been assured that they are in the wrong, that its written in the HOA rules that I am in the right, they are in the wrong yet the problem persists.
The problem being that my neighbor to the back of me is causing is they don't do anything to the backyard. Its over run by an invasive vine, it grows over trees, once its in the crown the tree dies. I have lost a couple trees alerady, and anything in its way including my fence, its growing into MY yard and everyones yard who is adjacent. I have paid to have it cleared out on my side, I have sprayed to clear some of it out AND at the moment the freeze that has happened a couple nights is helping.
BUT the saga continues.
I get harassed because they say my hedges aren't clipped, the reality is that I don't have hedges, I have rose bushes which are clipped appropriately, when I speak with the HOA they tell me its OK to have rose bushes.
Well, not all HOAs are bad. The one I have now is fair, I believe. We keep our yard maintained, we pay our bill, we don't hear from them. They give us grace if the trash can is left outside of the fence for a bit, and if we go on vacation for two weeks, we don't come home to a bunch of fines. When people don't keep up their houses and bring down the community, they go after them. The rest of us don't have problems. I don't want to make it seem like all HOAs are crazy like this.
You're right, I would probably lose in court. I don't plan to take them to court. We paid the bill today. I'm just ticked off that they could do something so serious without a word. I guess when you pay someone faithfully for over three years, you expect some sort of loyalty! Ya, I didn't notice the check wasn't cashed. I've been working around the clock since my husband was laid off and haven't gotten to balancing with statements since December, or I'd have noticed they didn't cash it and called. I just want them to start sending certified letters or make a phone call or something. I feel like they can just put a lien on my home whenever they please now, and that it doesn't matter to them at all if they give proper notice. We live in another state, I can't attend the meetings, what am I supposed to do? That's what I care about - not the payment.
That said, AZ has a lot of investors abandoning properties and people not able to pay their bills. I'm sure that they've had to fight harder to get their dues lately.
Well, not all HOAs are bad. The one I have now is fair, I believe. We keep our yard maintained, we pay our bill, we don't hear from them. They give us grace if the trash can is left outside of the fence for a bit, and if we go on vacation for two weeks, we don't come home to a bunch of fines. When people don't keep up their houses and bring down the community, they go after them. The rest of us don't have problems. I don't want to make it seem like all HOAs are crazy like this.
You're right, I would probably lose in court. I don't plan to take them to court. We paid the bill today. I'm just ticked off that they could do something so serious without a word. I guess when you pay someone faithfully for over three years, you expect some sort of loyalty! Ya, I didn't notice the check wasn't cashed. I've been working around the clock since my husband was laid off and haven't gotten to balancing with statements since December, or I'd have noticed they didn't cash it and called. I just want them to start sending certified letters or make a phone call or something. I feel like they can just put a lien on my home whenever they please now, and that it doesn't matter to them at all if they give proper notice. We live in another state, I can't attend the meetings, what am I supposed to do? That's what I care about - not the payment.
That said, AZ has a lot of investors abandoning properties and people not able to pay their bills. I'm sure that they've had to fight harder to get their dues lately.
The size of the community has a lot to do with it. I am in a gated community of only 69 homes. I am on the HOA board, and I can tell you we jump on any problem immediately and bring it to quick resolution.
We always give the resident all the benefits of the doubt as far a late dues. We notify everyone several times the due date is approaching. We notify them when they are late, we let go it three months, sending them monthly notices and bills, before taking legal action. We do everything possible to stay out of court. We are a volunteer board, and going to court isn't in our best interest. We just want the dues, not your house.
That being said, some HOA's deal with hundreds of units, and they don't have the time to baby sit people who can't play by the rules. With that many clients, they expect you to play by there rules or else.... You are a number to them...!
I will be buying a home after I graduate from college and I would never consider buying in a neighborhood with an HOA. I have heard too many horror strories. My best friend moved into a new community subdivision and all the residents voted against having an HOA. I am sure there are some good ones out there but me personally prefer not to have one.
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