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Old 06-13-2014, 11:14 AM
 
Location: San Antonio-Westover Hills
6,878 posts, read 18,227,631 times
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Quote:
Originally Posted by Longford View Post
I don't think you can foreclose on the units. The lender does that.

An HOA can absolutely foreclose on an owner, whether it be a condo, townhome, or single-family residence. At least, in TX it can. There has to be a LONG paper trail, however...and it's very difficult, but it can be done.
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Old 06-13-2014, 11:28 AM
 
741 posts, read 642,319 times
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Quote:
Originally Posted by Mom2Feebs View Post
An HOA can absolutely foreclose on an owner, whether it be a condo, townhome, or single-family residence. At least, in TX it can. There has to be a LONG paper trail, however...and it's very difficult, but it can be done.
Maybe we're talking about semantics. When I refer to foreclosure I refer to foreclosing on a mortgage. That's the experience I've had here in Illinois. We have gone into court for a lien, and then for an order of possession/eviction (with permission to have possession and then rent a unit) when an owner isn't in arrears with a lender but is with the association for non-payment of assessments. It's been the rare case for us when we go into court to file a lien that a lender hasn't already been there to do the same thing and we end-up in second position. A recent exception to that has been when a single elderly woman died intestate, no will, and her reverse/second mortgage lender has yet to file a lien or action for foreclosure ... and we were first in court for permission to rent. I think, though, in my state, Illinois, a lender has a right to first lien because of some of the paperwork signed by borrowers at the time the loans are approved. The paper trail is indeed LONG in any of these actions, and it can become costly. The association boards of directors, however, have the fiduciary duty to the collective ownership to act. Thanks for your insight.
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Old 06-13-2014, 11:42 AM
 
Location: Florida
19,837 posts, read 19,932,533 times
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Quote:
Originally Posted by Longford View Post
In Illinois, there are two "condominium" laws: one for multi-unit dwellings and one for townhomes. Your situation would probably fall into the townhome category, given your description. The laws are similar. The term "Condominium" is, here in Illinois, understood to mean an apartment in a multi-unit building. People will say, "I have a condo," or "I own a condo." People really do consider it a type of structure, even though the structure may be just within 4 walls of a building with a couple of hundred other '4 walled' units. But you're right when you say that the responsibilities in a townhome associaiton and condominium association are similar ... here in Illinois, that is.

The term 'townhome' in the US is used for units deigned to look like SFR but that are attached .
I described ours as a SFH. It is on it's own lot and is not in any way attached or semi-detached to any other home.
To further clarify, I said our responsibilities were more like those of any single family detached residence owner.
We do not have any maintenance whatsoever to the structure or the yard provided by the association.
There are certain other common elements for which all share responsibility, i.e., the pool, clubhouse and septic system and streets.
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Old 06-13-2014, 01:01 PM
 
741 posts, read 642,319 times
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Quote:
Originally Posted by old_cold View Post
The term 'townhome' in the US is used for units deigned to look like SFR but that are attached.
Yes. If you were living in that house in Illinois, and you were in an association of homeowners, I believe you would be covered not by the law which covers condominiums, but, rather, the law which covers townhome associations. Sorry if I've confused things.
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Old 06-13-2014, 06:19 PM
 
Location: Ponte Vedra Beach FL
14,628 posts, read 17,947,745 times
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Quote:
Originally Posted by Longford View Post
Yes. If you were living in that house in Illinois, and you were in an association of homeowners, I believe you would be covered not by the law which covers condominiums, but, rather, the law which covers townhome associations. Sorry if I've confused things.
It's easy to confuse things. Because they vary from place to place - and state to state (in terms of state laws). Impossible to generalize. And everyone should check into what he/she is thinking of buying. Robyn
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Old 06-13-2014, 06:23 PM
 
Location: Ponte Vedra Beach FL
14,628 posts, read 17,947,745 times
Reputation: 6717
Quote:
Originally Posted by old_cold View Post
The term 'townhome' in the US is used for units deigned to look like SFR but that are attached .
I described ours as a SFH. It is on it's own lot and is not in any way attached or semi-detached to any other home.
To further clarify, I said our responsibilities were more like those of any single family detached residence owner.
We do not have any maintenance whatsoever to the structure or the yard provided by the association.
There are certain other common elements for which all share responsibility, i.e., the pool, clubhouse and septic system and streets.
I have a different impression than you here in Florida. When I think of a town home - I think of a single or multi-story attached place. Always best to check out what you you're thinking of buying. Robyn
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Old 06-14-2014, 03:54 AM
 
Location: Florida
19,837 posts, read 19,932,533 times
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Quote:
Originally Posted by Robyn55 View Post
I have a different impression than you here in Florida. When I think of a town home - I think of a single or multi-story attached place. Always best to check out what you you're thinking of buying. Robyn
I must have really been writing badly.
We agree on that.
I was trying to inform the poster that a legal condominium set up doesn't have to cover only 'apartment ' style units ....what most think of as a condo..so he went to 'town home' which is not what I have either.
Just a matter of semantics and/or popular use of words.
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Old 06-14-2014, 05:15 AM
 
Location: Central Massachusetts
4,800 posts, read 4,855,118 times
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For us DW and I are not against a HOA or condo agreement. We want to avoid some of the issues we deal with now in our SFH and rental property. We will pay attention to any agreement we sign and if it is a HOA I plan on becoming an active participant in the meetings and even take on a leadership role in them. Guess that is the First Sergeant in me Hoooha!!
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Old 06-18-2014, 12:46 PM
 
2,890 posts, read 5,397,000 times
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Quote:
Originally Posted by golfingduo View Post
For us DW and I are not against a HOA or condo agreement. We want to avoid some of the issues we deal with now in our SFH and rental property. We will pay attention to any agreement we sign and if it is a HOA I plan on becoming an active participant in the meetings and even take on a leadership role in them. Guess that is the First Sergeant in me Hoooha!!
This is the number 1 rule for keeping an HOA from taking advantage of you - PARTICIPATE!

You have a voice, use it!
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Old 06-18-2014, 02:57 PM
 
Location: it depends
6,074 posts, read 5,339,201 times
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Quote:
Originally Posted by TuborgP View Post
A number of us bought condo's as second homes at big discounts to what others had paid a few years earlier. This creates tiered equity/underwater levels within the community. Depending on where and the future of the economy. In many places prices have and are rebounding as a large segment of the country is prospering and if in a popular area things are getting better.
Condo form of ownership gave me 1/400th ownership of beautiful park-like grounds, a well-maintained swimming pool, fitness club, clubhouse, and the services of a full-time maintenance staff of three people. The most beautiful sound in all of nature is somebody else mowing the lawn, in my opinion. And the HOA board is dominated by caring people who give a damn, on a volunteer basis, and they do a great job.

The article about the Florida condo concerns a very troubled complex. The one I got into was strong--and yes, I checked carefully before I bought.
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