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Old 03-03-2019, 01:23 PM
 
Location: Coastal New Jersey
53,543 posts, read 52,573,087 times
Reputation: 63006

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Quote:
Originally Posted by unihills View Post
I was on a board for a while too. Ours was open and responsive, we fired the old deadbeat management company and struggled to rebuild reserves. Luckily we had no nightmare owners to deal with.

I believe none of the people preaching HOAs as tools of the devil have never actually took time to participate in their management. I bet it would be an eye opener.
We are fortunate. We have a very good property management firm that oversees a number of complexes in the area.

As with most places, the biggest complainers are the ones who don't bother to attend the quarterly meetings. One woman was out in one of the common areas once talking with a neighbor and when I joined the conversation and she found out I was on the board, she launched into a nonsensical litany. Why are our fees higher than the complex up the road? Well, I don't know. One has nothing to do with the other, but it could be in part because that complex was recently built, and ours is 30 years old.

How come our fees jumped up higher than usual last year? Well, if you actually read the letters you were sent on the subject, our three-year insurance policy expired and we had to get new insurance, and insurance on wood-frame condo complexes in coastal New Jersey has jumped significantly since Sandy hit in 2012. We actually were getting away cheaply for the past couple of years BECAUSE had that three-year policy. Be glad we don't live within 2 miles of the ocean, because there's only one insurer taking on condos in that range, and they are naming their price. Insurance is 24% of the maintenance fee.

I "heard" we don't have any reserves. Why don't we have any reserves? If something goes wrong, we won't have any reserves to get work done...

Again, READ the information we send you. We have over half a million in reserves, and that's after we dipped into it to get the new sidewalks put in throughout the complex and seal-coated and repainted the parking lots. Where did you think the money for that work came from?

I'd rather do my own landscaping and snow removal instead of paying for it through the maintenance fee. How do I arrange it so that I can do that?

You can move to a single family home, but you BOUGHT INTO A CONDOMINIUM WHICH BY DEFINITION IS JOINT OWNERSHIP!!!!!!!
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Old 03-03-2019, 02:09 PM
 
Location: Lakewood Ranch, FL
5,228 posts, read 7,908,757 times
Reputation: 6173
Quote:
Originally Posted by loves2read View Post
Does that come before or after the RE fees?
Not sure what you are asking. The seller walks away with whatever amount is left after all the costs involved. So, commissions reduce the amount, prorations reduce that amount, money owed to HOAs reduce it, etc. The contract to purchase almost certainly says that the seller will give a clear title/deed and describes what will be done to make that possible. In Florida, that involves the letter from the HOA/COA that I described. The highest priority goes to government liens, then lender liens, then the expenses I’ve mentioned that are part of the sale process. Does that make sense or am I missing your question?
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Old 03-03-2019, 02:10 PM
 
Location: Lakewood Ranch, FL
5,228 posts, read 7,908,757 times
Reputation: 6173
Quote:
Originally Posted by Christine LaBeach View Post
HOA's are evil! Just plain evil!
How do you figure?
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Old 03-03-2019, 05:56 PM
 
340 posts, read 88,093 times
Reputation: 796
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.
This is ridiculous advice.
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Old 03-03-2019, 06:49 PM
 
1,282 posts, read 375,831 times
Reputation: 1970
Moderator cut: personal attacks

OP, if you sell your condo, then yes, the association could decide to take the allegedly due proceeds from the sale, so your plan may work.

See below, Moderator cut: ...

https://warddamon.wordpress.com/2014...itner-esquire/

Note that Florida law has been changed so that this won’t work now in Florida, but other states still often allow it. The accord and sarisfaction rule applies in most instances of a disputed debt. As I state above, talk to a lawyer (in real life, in your state) before trying this, if you do.

But OP, why would you sell your condo instead of working out some type of reduced payment or alternative arrangement?

Last edited by Marka; Yesterday at 02:11 AM..
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Old 03-03-2019, 10:16 PM
Status: "Waiting for Round Two of Polar Vortex" (set 26 days ago)
 
75 posts, read 50,131 times
Reputation: 77
I am in Washington State, near Seattle. And, no, i don't have bad credit. I have very good credit, as a matter of fact. Just a rough time, financially, and just recently beginning to dig out.
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Old 03-04-2019, 04:58 AM
 
Location: Austin, Texas
1,499 posts, read 868,465 times
Reputation: 3156
Quote:
Originally Posted by dental257 View Post
I am in Washington State, near Seattle. And, no, i don't have bad credit. I have very good credit, as a matter of fact. Just a rough time, financially, and just recently beginning to dig out.
Most any reasonable HOA board would accept a reasonable repayment plan so that they eventually get the funds rather than spending more of the owners' money pursuing legal options. They really have no interest in owning your property through some protracted lien process.

When you are on the board, any money you spend is also your own money based on percent of ownership, so extra spending is not entered into lightly.
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Old 03-04-2019, 07:57 AM
 
5,641 posts, read 4,322,640 times
Reputation: 12556
Our HOA (townhome community) always places a lien when dues are 3 months in arrears. That protects us in the case of foreclosure or sale. We do this no matter who the owner is or the circumstances so we can never be accused of not applying the rules equally to all owners.

We had a jerk (a lawyer) who didn’t pay his dues for 3+ years or the assessment levied during that time. He also racked up penalties. When he wanted to sell, he tried to negotiate with the Board for a lesser amount. Nope. That was not happening. Our response to his multiple offers resulted in us telling him repeatedly we’d be glad to accept an offer of 100% of what he owed and not one penny less. He finally paid it and sold.

I found out later he’d done the same thing to another community who did settle with him for less. It wasn’t that he couldn’t afford to pay, he was just a jerk who liked to game the system. Some people fall on hard times (like the OP) and want to make things right and others feel it’s their right to take advantage of their neighbors.
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Old 03-04-2019, 09:01 AM
 
Location: Winterpeg
776 posts, read 283,686 times
Reputation: 3256
Quote:
Originally Posted by PuppiesandKittens View Post
I wouldn't say that. Many of them are run by amateurs who don't really know what they're doing, and some have nasty people on power trips (who else would volunteer to run a nonprofit, without pay, if the nonprofit isn't a charity?), but many are probably OK.
You want to know who volunteers? Lots of people who buy into condo communities and realize that they are part owners and have a vested interest in making sure the community runs smoothly and the assets are properly taken care of. The same care my husband and I take with our current single family home, just with more people involved. We used to own a condo in small group (42 units), and our association worked very well together for all of our mutual benefit.
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Old 03-04-2019, 10:05 AM
 
1,282 posts, read 375,831 times
Reputation: 1970
Quote:
Originally Posted by bondaroo View Post
You want to know who volunteers? Lots of people who buy into condo communities and realize that they are part owners and have a vested interest in making sure the community runs smoothly and the assets are properly taken care of. The same care my husband and I take with our current single family home, just with more people involved. We used to own a condo in small group (42 units), and our association worked very well together for all of our mutual benefit.
That’s fair. Yes, there are plenty of good people who serve on HOA boards. Hopefully we can agree that there are some other people on power trips as well, through.
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