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Old 03-02-2019, 08:20 PM
 
1,282 posts, read 370,972 times
Reputation: 1965

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Quote:
Originally Posted by dental257 View Post
So, after falling behind on HOA dues, by 10 months, i was relived to pay the full amount yesterday ($2000)!

Now i am owing on the Special Assessment for a Deck project AND payback of "Reserve Funds", and i don't have the full amount. (10k).

Consequently, i am reviewing my budget ahead of the HOA meeting this week in order to present an acceptable plan to the board members, in an effort to put off a possible Lien and foreclosure.

Question:

Assuming the HOA agrees to my proposed payoff arrangements, countering etc.. is it possible that with HOA approval, i can put the Condo up For Sale, and pay off the account at closing? In other words, it seems to me, that in this scenario, the closing agent will deduct the fees that i owe from the sales proceeds and send them directly to the HOA.

Yes/No?
Do an “accord and satisfaction” like I did: send in checks for your monthly dues, marked “Paid in Full”, and make it clear that you disagree with the debt. After a period (sometimes as low as 90 days), the debt is deemed extinguished. The HOA then can’t collect it. It depends on state law so definitely ask a lawyer but you could try that.
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Old 03-02-2019, 08:23 PM
 
12,836 posts, read 6,121,458 times
Reputation: 12136
Quote:
Originally Posted by PuppiesandKittens View Post
Do an “accord and satisfaction” like I did: send in checks for your monthly dues, marked “Paid in Full”, and make it clear that you disagree with the debt. After a period (sometimes as low as 90 days), the debt is deemed extinguished. The HOA then can’t collect it. It depends on state law so definitely ask a lawyer but you could try that.
Don't try this, OP.
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Old 03-02-2019, 08:27 PM
 
Location: Austin, Texas
1,499 posts, read 867,937 times
Reputation: 3156
Quote:
Originally Posted by PuppiesandKittens View Post
Do an “accord and satisfaction” like I did: send in checks for your monthly dues, marked “Paid in Full”, and make it clear that you disagree with the debt. After a period (sometimes as low as 90 days), the debt is deemed extinguished. The HOA then can’t collect it. It depends on state law so definitely ask a lawyer but you could try that.
Because it's entirely fair to ask all the other owners to pay more since you can use a legal trick to stiff them. That's a nice neighbor to have.

Who the heck do you think is paying off these assessments if an owner skips out? The fairy HOA godmother?
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Old 03-02-2019, 08:33 PM
 
Location: Wasilla, AK
6,632 posts, read 3,651,924 times
Reputation: 13779
Quote:
Originally Posted by PuppiesandKittens View Post
Do an “accord and satisfaction” like I did: send in checks for your monthly dues, marked “Paid in Full”, and make it clear that you disagree with the debt. After a period (sometimes as low as 90 days), the debt is deemed extinguished. The HOA then can’t collect it. It depends on state law so definitely ask a lawyer but you could try that.



I can't believe some of the advice I see offered here. This isn't even a debt, it's an assessment. Someone isn't going to get out of an assessment by writing a few words on a check. What they will do is dig themselves into an even deeper hole. Go back to all that paperwork that was signed when the place was bought and you'll find special assessments mentioned. You'll also find the consequences of not paying them, which the OP signed and agreed to.
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Old 03-02-2019, 08:38 PM
 
12,836 posts, read 6,121,458 times
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Quote:
Originally Posted by AlaskaErik View Post
I can't believe some of the advice I see offered here. This isn't even a debt, it's an assessment. Someone isn't going to get out of an assessment by writing a few words on a check. What they will do is dig themselves into an even deeper hole. Go back to all that paperwork that was signed when the place was bought and you'll find special assessments mentioned. You'll also find the consequences of not paying them, which the OP signed and agreed to.
But it was funny!
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Old 03-03-2019, 05:42 AM
 
1,282 posts, read 370,972 times
Reputation: 1965
Quote:
Originally Posted by AlaskaErik View Post
I can't believe some of the advice I see offered here. This isn't even a debt, it's an assessment. Someone isn't going to get out of an assessment by writing a few words on a check. What they will do is dig themselves into an even deeper hole. Go back to all that paperwork that was signed when the place was bought and you'll find special assessments mentioned. You'll also find the consequences of not paying them, which the OP signed and agreed to.
It worked for me. It is a debt. There’s more to it than writing a few words on a check. Talk to a lawyer about the law in your state.
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Old 03-03-2019, 06:06 AM
 
Location: Ocala, FL
3,173 posts, read 5,934,604 times
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Quote:
Originally Posted by jencam View Post
Don't try this, OP.
Agreed!! In many states (not saying 100 % of all), unpaid debts/assessments/dues can result in a foreclosure of the property by the HOA. Doesn't always happen that way, but it can happen.
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Old 03-03-2019, 07:20 AM
 
Location: Lakewood Ranch, FL
5,226 posts, read 7,906,614 times
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I’ve heard mention of this but never knew much about it. Apparently, at least in FL, there is a statute for it. Not being a lawyer, I don’t know if it applies to residential real estate association business, but for anyone interested:

Statutes & Constitution :View Statutes : Online Sunshine
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Old 03-03-2019, 07:48 AM
 
1,149 posts, read 358,690 times
Reputation: 2978
Quote:
Originally Posted by PuppiesandKittens View Post
Do an “accord and satisfaction” like I did: send in checks for your monthly dues, marked “Paid in Full”, and make it clear that you disagree with the debt. After a period (sometimes as low as 90 days), the debt is deemed extinguished. The HOA then can’t collect it. It depends on state law so definitely ask a lawyer but you could try that.
In an interesting coincidence, yesterday I got an e-mail from my fellow HOA Board members; one homewner who's not on the Board but very active in the neighborhood said that he thinks he can get Ms. X, who currently owes 3 years of dues (about $1,500 with penalties) to pay up if we waive the penalties. We have a continuing lien on her house and she'd like to be rid of it.

Our HOA President said that, back before I lived here, in a case with another homeowner, we were taken to court over some issue and a judge told us that if we waived penalties for one homeowner, we were waiving our right to expect the others to pay a penalty. The Board President's advice was that we NOT make a deal with Ms X that allowed her to escape the penalty charges. If the OP's Board has any smarts at all (or consults a lawyer), they'll return the check.

And why is the OP disagreeing with the debt? It sound like the HOA is imposing charges that are within thier rights.
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Old 03-03-2019, 08:04 AM
 
Location: Lakewood Ranch, FL
5,226 posts, read 7,906,614 times
Reputation: 6173
Quote:
Originally Posted by athena53 View Post
In an interesting coincidence, yesterday I got an e-mail from my fellow HOA Board members; one homewner who's not on the Board but very active in the neighborhood said that he thinks he can get Ms. X, who currently owes 3 years of dues (about $1,500 with penalties) to pay up if we waive the penalties. We have a continuing lien on her house and she'd like to be rid of it.

Our HOA President said that, back before I lived here, in a case with another homeowner, we were taken to court over some issue and a judge told us that if we waived penalties for one homeowner, we were waiving our right to expect the others to pay a penalty. The Board President's advice was that we NOT make a deal with Ms X that allowed her to escape the penalty charges. If the OP's Board has any smarts at all (or consults a lawyer), they'll return the check.

And why is the OP disagreeing with the debt? It sound like the HOA is imposing charges that are within thier rights.
I don’t think the OP is disagreeing with any of the charges. The question was about how to avoid a lien/foreclosure event.

Very interesting comment about the judge’s warning. I don’t recall any warning from our attorney or association manager about setting a precedent or even disqualifying our powers as a board under the association docs. However, now that you mention it, I can see how an owner could use a discriminatory defense at some point in the future. This is why they invented lawyers.
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