Public Shaming and Denial of Services to Condo Owners Who Can't Pay HOA Fees (wages, legal)
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How far should the homeowners association be able to go if you're a member and legitimately lose the ability to pay your fees because of job loss?
Public Shaming?
Last year, he took matters into his own hands. Near the mailbox of each condo building he posted a list of residents delinquent on their maintenance fees, with the message "Pay up or move out" and the same in Spanish, Pague O Mudese. He also tried, unsuccessfully, to get the cable company to cut off service to nonpayers.
Loss of Services?
The condo complex Mr. Schulman and Ms. Garcia share, called International Village, has installed a fingerprint-scanning device at its central clubhouse, to keep residents who are more than 90 days behind on their maintenance fees from swimming in the pools, playing on the racquetball courts and using the game room, where canasta and mah-jongg competitions are held.
Involuntary Relinquishing of Title?
In a particularly stark example of housing tensions found in many places to varying degrees, the International Village homeowners association responded to the banks' slowdown in foreclosures with an aggressive step: It began its own foreclosure process. Florida law permits that under certain circumstances. A nonprofit homeowners association can take temporary title of residential units from people who aren't paying monthly fees they agreed to pay.
You can't get blood out of a turnip. The people in arrears can't pay until they find another job.
On the other hand, the association is short a million dollars in delinquent fees that help pay for upkeep for everybody who IS current in paying their fees.
[quote=florida.bob;17240546]Oh oh, Repubs turning on Repubs. They would all have to be Repubs, everybody knows, all Dems are on Welfare, and couldn't have owned a Condo.[/qu
Another well thought out and insightful response. I know we can always count on you.
Oh oh, Repubs turning on Repubs. They would all have to be Repubs, everybody knows, all Dems are on Welfare, and couldn't have owned a Condo.
This isn't a Dem vs Repub thread.
To answer the OP.
1st Example:
I don't see this as being any different than stores who put up the pictures or names of people who write Hot Checks, to alert their cashiers not to accept their checks. Writing a hot check is stealing. Utilizing HOA funded services, while not paying into your HOA is stealing.
2nd Example:
In a typical HOA/Homeowner agreement, the HOA agrees to provide and care for common areas, and the homeowner agrees to pay for that. If the homeowner doesn't live up to their end of the bargain, why should the HOA? To me, it's no different than living in an apartment, and refusing to pay rent if your AC doesn't work. If the Apartment management agreed to provide AC, and they don't, you are legally within your rights to withold rent. Why should it be any different the other way around?
3rd Example:
I don't agree. Unless the amount owed in arrears to an HOA is equal to the value of the property being foreclosed on, this is a bit of overkill. Even the IRS wouldn't do this. If you had a $500K house, and owed the IRS %20K in back taxes, the worse that would happen is they would garnish your wages. You don't force foreclosure on real estate that is worth 20 times the debt owed.
KEEP IN MIND:
I have sympathy for all people that are down on their luck and without jobs. But if you lose your job, and cannot pay your bills, it is YOUR responsibility to contact your mortgage company/electric company/HOA or whatever and set up payment plans or work out a deal. You don't just stop paying and hope no one will notice.
If you just stopped paying your house payment, would you cry foul if the bank foreclosed?
Honestly, why do people view HOA payments as a "maybe bill"? Something they pay if they feel like it? I ask this in all seriousness, because I see this a lot. Cell phone, cable, Electric. Everyone knows you have to pay these or you lose them. But HOA's seem to mystify people.
How ignorant, this is not a Politicial issue , get over thinking it is. It is how much power the HOA Presidents should or should not have. And i do know first hand, that someone who is late on HOA FEES, also risks foreclosure proceedings. I know a very cockey President of a HOA, and when he told me the powers he possess i could not believe what i was hearing. Try to sell your home, and see what happens if you have missed more then 4 HOA PAYMENTS.
The guy himself has told me that they have stopped the sale on homes going up for sale from HOA Residents who cannot make their HOA payments.
Like anything else in life, fail to make good on something, there going to come after you REPUBLICIAN OR DEMOCRAT, how stupid, not about politicial issues here.
You find out whether the person is going through a hard time, which shouldn't be too hard to establish. If they aren't, they you gotta do what you gotta do. You made a deal, and if you're able to pay then you pay, or else!!
If the person is clearly struggling, then you show some damn empathy. I'm not one of these folks who like to talk about the "good ol days," but clearly there is a lack of magnanimity on the part of some people nowadays. And frankly, you shouldn't publicly shame anyone over HOA dues.
Me personally, i'm not the one. You most DEFINITELY don't want to put my name out there like that cuz i'mma come visit you if you do....especially if you didn't talk with me first.
Failure to pay HOA fees, be it in condo develpment or in free standing housing subdivisions with mandatory HOA's have been known to require resolution in order to pass on with the sale a "clean title". If you don't like that stipulation, don't buy in an HOA regulated area. It really IS as simple as that.
Is public shame appropriate? No, and it is probably not legal either outside of the realm of the actual HOA property and meetings. However, bringing to light HOA members who are in arrears to the remainder of the membership is not only perfectly acceptable, but, a responsibility of most HOA's in accordance to basic HOA restricitons and covenants, at least those I've read.
That's funny. I'm a Democrat, and the last I checked, I wasn't on welfare...
Well, me too, but that seems to be a general conception of many.
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