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If a management company or individual is not licensed, requiring some training, and bonded, that's a problem. As a former HOA homeowner and former board member (something I did NOT enjoy, but was involved to protect my investment) I would never contract with any company or individual who did not have coverage to protect the homeowners and the board. Prohibiting an association from attaching a lien and eventually foreclosing on a property protects those who have (1) read their HOA documents and (2) pay their monthly assessments, just like they pay their city and county taxes. People buy into an area that has an HOA then decide the monthly fees is an option. I'm not in an HOA now, but with few exceptions (those small minded individuals who get power hungry) do not have a problem with HOAs, but they must be accountable. In VA, some associations had to declare bankruptcy when a management company exec dipped into the cookie jar and left homeowners with an empty cookie jar. Fortunately, my association was not affected.
Well, there are exceptions and you would be too in the shoes of me and several neighbors that have sent thousands to defend against a management company for putting liens on houses that never were in violation. If that's small minded then I suppose we should have rolled over and handed them a blank check.
The exact day I posted this, several of my neighbors received letters threatening a lien because they didn't pay a late fee of $8 for pool dues. When were the dues late? Today. But the letter went out on the 15th.
If you're OK with taking someone's house over $8 late fee when they aren't late then I guess I'm small minded and power hungry.
A properly run HOA is a money engine that different groups want to get their hands on. See the bills and then see which groups will gain by the ability to legally steal those excess funds the HOA should have for needed repairs.
Money saved today leads to fewer spec. ass. later. No vision on the part of the people backing these.
You can't legally steal something. That's idiotic. And I doubt very much that being licensed, trained, and bonded would cost more than dealing with fines, liens, foreclosures and lawsuits.
But by all means, if you want HOAs to stay untrained and their management companies unbonded, call your local rep and tell them you oppose the bill.
Thats right keep on adding more cost to run the HOA. The Key to a good HOA is when the declairent leaves. The residents should be the ones running the HOA, its foolish to have a management co. In the covenants,as long as the laws are followed, there is already a need to insure and bond the HOA board.
If you have run any type of club or youth sports org. you can run an HOA. Only if you want no part of the way your community works do you need more laws on the books.
Last edited by Boss; 05-01-2013 at 03:39 PM..
Reason: sp.
Well, there are exceptions and you would be too in the shoes of me and several neighbors that have sent thousands to defend against a management company for putting liens on houses that never were in violation. If that's small minded then I suppose we should have rolled over and handed them a blank check.
The exact day I posted this, several of my neighbors received letters threatening a lien because they didn't pay a late fee of $8 for pool dues. When were the dues late? Today. But the letter went out on the 15th.
If you're OK with taking someone's house over $8 late fee when they aren't late then I guess I'm small minded and power hungry.
PS: You have know way to know what you claimed.
You have not read the changes made in 47f. You can no longer have a lien placed unless you do not pay the HOA dues. Liens are no longer allowed for late fees not paid. Check it out at NCGS 47f on google
OK, that's not exactly true. Well, it's not true at all. It's a democrat making the move but the GOP is in charge of the leg so we should blame them. Or thank them.
.
Well, in this particular forum it will be thanking the Dems and blaming the GOP. No matter what happens.
You have not read the changes made in 47f. You can no longer have a lien placed unless you do not pay the HOA dues. Liens are no longer allowed for late fees not paid. Check it out at NCGS 47f on google
Wait this is confusing me. You said I haven't read the changes. Are you talking about the bill which isn't a change since it is a bill and not a law? You say liens are no longer allowed for late fees. That sounds present tense to me.
Anyway, it doesn't matter. I'm not talking about sins committed by following the law. These jack asses running one of the largest (if not the largest) management company don't know the law so how can they follow it?
And it's pretty pretentious to go tell someone to read an entire chapter of the law. If you can't back up what you are saying by a more specific reference then you fail.
BTW, [some people] are guilty of a federal crime. Read Chapter 18 of the USC in Google.
You have not read the changes made in 47f. You can no longer have a lien placed unless you do not pay the HOA dues. Liens are no longer allowed for late fees not paid. Check it out at NCGS 47f on google
The work around utilized by the management companies is to misapply your payments. In particular, they will apply your payments to management company junk fees (e.g., late fees) to leave you in arrears on assessments. Now all of a sudden they can threaten you with foreclosure. In most states you would also not be permitted to vote because now you are "not in good standing". Now the fee pyramiding begins and you the homeowner are
This is a well-known scam called the "priority of payment" scam. HOA management companies and attorneys have been engaging in this unscrupulous practice for years. California, Texas, and Arizona have had to pass laws specifically to deal with this problem. The management companies in North Carolina are concerned about any changes that would interrupt the priority of payment scam.
Look near the bottom to find a number of bullet points the management company is concerned about. Note the concern that the priority of payment scam might be brought to an end. The proposed bill would prohibit management companies and HOA attorneys from applying your payments to their junk fees in order to leave you in arrears on assessments (and therefore to continue racking up those late fees payable to the management company)
The work around utilized by the management companies is to misapply your payments. In particular, they will apply your payments to management company junk fees (e.g., late fees) to leave you in arrears on assessments. Now all of a sudden they can threaten you with foreclosure. In most states you would also not be permitted to vote because now you are "not in good standing". Now the fee pyramiding begins and you the homeowner are
Are what? Your claims are dubious unless you can cite North Carolina examples. Otherwise you are FUDing out board as an interloper.
Not that I like HOA management companies. Generally I despise them.
I will give propers to the one you linked to for being able to string a paragraph together. I'm not sure anyone that works for ours has graduated the 6th grade.
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