HOA questions (insurance, mortgage, loan) - City-Data Forum

shiphead · 09-16-2009, 04:35 PM

1.) Can the HOA collect taxes in addition to the mortgage company doing such?

If not, what legal action can I take?

2.)The HOA rules cover the roof and bee's got into my roof and put a hive in there. Now that the bee problem is gone, they left the honeycomb there and needs to be ripped out. The problem is the roof would need to be opened.

Why am i concerned about the honeycomb? Two things. The honeycomb is from a swarm of African killer bee's. Had a beeman come out and verify that. The other is cockroaches are growing at an alarming rate and eating the honeycomb. One to two cockroaches have to be killed everyday...

My question is if the roof is covered by the HOA, by law, do they have to take care of this problem?

Bummer · 09-16-2009, 06:10 PM

Interesting HOA questions, W1ngzer0

1) Not too sure what type of taxes any HOA would be attempting to collect unless possibly delinquent taxes but that's still a stretch.

2) My first guess would be NO as your bee incident is not a roof problem. Have you contacted the HOA's Insurance Company for clarification?

Good Luck.

Captain Bill · 09-17-2009, 08:10 AM

Quote:

Originally Posted by w1ngzer0

1.) Can the HOA collect taxes in addition to the mortgage company doing such?

If not, what legal action can I take?

2.)The HOA rules cover the roof and bee's got into my roof and put a hive in there. Now that the bee problem is gone, they left the honeycomb there and needs to be ripped out. The problem is the roof would need to be opened.

Why am i concerned about the honeycomb? Two things. The honeycomb is from a swarm of African killer bee's. Had a beeman come out and verify that. The other is cockroaches are growing at an alarming rate and eating the honeycomb. One to two cockroaches have to be killed everyday...

My question is if the roof is covered by the HOA, by law, do they have to take care of this problem?

HOA's are not tax collection agencies. They can only collect dues assessments and fines.

For your bee question, you'll need to study your CC&R's and then present your question to the board of directors.

My suggestion is to gather all evidence including photos, and send them to the management company in advance, and request to be put on the agenda for the next meeting. Your request would be for the HOA to take care of the problem at HOA expense. Your evidence should support your argument.

shiphead · 09-17-2009, 09:52 AM

Quote:

Originally Posted by Captain Bill

HOA's are not tax collection agencies. They can only collect dues assessments and fines.

For your bee question, you'll need to study your CC&R's and then present your question to the board of directors.

My suggestion is to gather all evidence including photos, and send them to the management company in advance, and request to be put on the agenda for the next meeting. Your request would be for the HOA to take care of the problem at HOA expense. Your evidence should support your argument.

Looks like I will be taking them to court. Do you have any recommended HOA lawyers?

Captain Bill · 09-17-2009, 11:23 PM

Quote:

Originally Posted by w1ngzer0

Looks like I will be taking them to court. Do you have any recommended HOA lawyers?

There are quite a few. Just google for them and interview them. The ones I know represent HOA's. You need one that represents members.

Remember the CC&R's is the guiding document. Before you do anything, make sure you understand them and are certain that the bee removal is the responsibility of the HOA.

You said that bees got into your roof. Did you mean they got into your attic? That is a different situation. If they got into the attic through the roof, then you may have a defective roof condition.

The HOA may cover the roof, but not anything that gets into your attic through a route other than through the roof itself.

Consider how much it will cost you in attorney fees before you ever get to court. Most likely around $20k.

The attorney is going to have to read, study and research your CC&R's to determine what the HOA covers. That's probably 1k for starters.

Then there are letters written to the HOA attorney, and more letters, and responses, and law suit filing fees, and costs of document preparation.

If you lose, then you will most likely have to pay the HOA attorney's fees.

So before you hire an attorney, my advice is to read the CC&R's, and understand what is covered. Then write to the management, and go before the board.

If you have not gone before the board to request this, then the attorney should tell you to do that as a first step. Why go to an attorney until you have exhausted all efforts with the HOA?

I was on an HOA board during a law suit that never got to trial, and I can tell you, it is not fun for either side; but the HOA is not going to back down when they are right. They will go after getting their attorney fees covered, and they can get them.

shiphead · 09-18-2009, 09:40 AM

I was more concerned with my HOA collecting taxes when they are not suppose to. Double taxation is a crappy thing. The bee thing will be an added bonus.

rjrcm · 09-18-2009, 02:48 PM

Quote:

Originally Posted by w1ngzer0

I was more concerned with my HOA collecting taxes when they are not suppose to. Double taxation is a crappy thing. The bee thing will be an added bonus.

What are they taxing?

shiphead · 09-18-2009, 04:54 PM

Quote:

Originally Posted by rjrcm

What are they taxing?

They claim they are collecting property taxes and so does the mortgage company. Yet.. they refuse to get together and figure out who is going to handle it..

rjrcm · 09-18-2009, 05:07 PM

Quote:

Originally Posted by w1ngzer0

They claim they are collecting property taxes and so does the mortgage company. Yet.. they refuse to get together and figure out who is going to handle it..

Very strange, I don't understand how your HOA thinks they can collect property taxes. I assume you have discussed this with the HOA management?

You should have signed an agreement with your lender to impound money with your loan payments to pay property taxes for you. They are not actually collecting taxes, just paying your tax bill for you (the county collects).

shiphead · 09-19-2009, 12:21 AM

Quote:

Originally Posted by rjrcm

Very strange, I don't understand how your HOA thinks they can collect property taxes. I assume you have discussed this with the HOA management?

Multiple times. They refuse to stop or do anything. They don't receive payment they threaten with a lean. To go off topic a little, you would be shocked to know how much money the idiots spent on water last year.