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This isn't correct. The statute that allows a lien to be created in the first place, gives the home owner these options and rights.
An association may not foreclose an association assessment lien under if the debt securing the lien consists solely of fines imposed by the association, interest on unpaid fines, or attorneys' fees incurred by the association solely associated with fines imposed by the association.
Upon receiving notification of a pending foreclosure, if the home owner contacts the association within 15 days and indicates that he is willing to pay the amount owed, the the law says: then the lot owner shall have no obligation to pay attorneys' fees and court costs.
If the lot owner does not contest the collection of debt and enforcement of a lien after the expiration of the 15‑day period following notice as required in subsection (e1) of this section, then reasonable attorneys' fees shall not exceed one thousand two hundred dollars ($1,200)
The bottom line is the home owner has plenty of opportunities in the law to avoid paying these fees if the HOA decides to foreclose. This is after, BTW, he didn't bother to pay them in the first place. The law allows for painful remedies for people who are derelict in their commitment to pay their share of community costs and IMO it needs to be. You alos have, as noted above, the right to plead your side of the story in front of a judge who can throw the entire thing out if the decides that is appropriate. So you really have to really thumb your nose at a lot of opportunities before it gets to the point of them charging you fees and eventually taking your home.
Your interpretation in point #2 is not exactly correct. Attorney fees would accrue well before a pending foreclosure. They would essentially begin once the lien is filed. It depends on the HOA how long they will hold a lien on a property before they pursue foreclosure:
§ 47F‑3‑116. Lien for assessments.(e1) A lot owner may not be required to pay attorneys' fees and court costs until the lot owner is notified in writing of the association's intent to seek payment of attorneys' fees and court costs. The notice must be sent by first‑class mail to the property address and, if different, to the mailing address for the lot owner in the association's records. The notice shall set out the outstanding balance due as of the date of the notice and state that the lot owner has 15 days from the mailing of the notice by first‑class mail to pay the outstanding balance without the attorneys' fees and court costs. If the lot owner pays the outstanding balance within this period, then the lot owner shall have no obligation to pay attorneys' fees and court costs. The notice shall also inform the lot owner of the opportunity to contact a representative of the association to discuss a payment schedule for the outstanding balance as provided in subsection (e2) of this section and shall provide the name and telephone number of the representative.
You've conveniently left out what preceded these statements which clearly show it's not a contradiction. The comment discussed the FACT that in Charlotte a vast majority of homes are subjected to HOA's. In fact virtually ALL developments in the last 30 years in Charlotte are subject to HOA's. So the comment was pointing out the FACT that choice isn't as open as proponents of HOA's claim. This has actually been quantified and is not merely opinion. Certainly no one forces you t buy a particular house but to claim that there is true choice is far from true. Besides this is really a peripheral point to the main conversation about HOA's and their abuse of power. Even if I conceded regarding the "choices" issue it still doesn't dismiss the issues associated with HOA's abuse of power.
Reference above. Unfortunate that you would resort to insults. I've consulted in development for about 15 years and understand this market very well - and I do not concur with your statement.
Again the real issue isn't about choice. The comment about choice was pointing out a common myth that there's equal options and therefore HOA's are truly consensual. Additionally most people do not understand the trur power legislated to HOA's. DCCR's are a required disclosure but the PCA is not.
If my statement was false then why is it a constant topic of conversation? Lawsuits are constantly being filed against HOA's or by HOA's against members. It is a huge issue and the outrage is extensive. Not just a few squeeky wheels. That's great that you're happy with your HOA. However that shouldn't be the basis of your opinion of HOA's. Mine isn't solely based on the actions of my HOA. It would be selfish for my opinions to be based on just my experiences.
I'm not going to make a long winded post on all the points I disagree w/you on, but all I'm going to say again (which is my main point) that no matter what you say, people have the CHOICE to live in an HOA development and many people are very happy and satisfied living in one (they just don't rant about how good they are).
I'm not going to make a long winded post on all the points I disagree w/you on, but all I'm going to say again (which is my main point) that no matter what you say, people have the CHOICE to live in an HOA development and many people are very happy and satisfied living in one (they just don't rant about how good they are).
Coupon, not to belabour the point, but, many people going into an HOA have no idea what they are getting into...if, indeed they are even informed about the HOA to begin with.
Other than selling your house, you have no recourse once you are in. For those of us who bought houses with the idea that they would be living there forever; that is a very disconcerting concept.
There is a growing group of people that are really against the whole HOA idea. I am sure that we will be hearing a lot more about this in the future.
Coupon, not to belabour the point, but, many people going into an HOA have no idea what they are getting into...if, indeed they are even informed about the HOA to begin with.
Other than selling your house, you have no recourse once you are in. For those of us who bought houses with the idea that they would be living there forever; that is a very disconcerting concept.
There is a growing group of people that are really against the whole HOA idea. I am sure that we will be hearing a lot more about this in the future.
Ignorance of covenants in an HOA neighborhood is no excuse. I'm amazed that people buy homes and are "shocked" about HOA's and the "strict" rules that must be followed. Maybe I missed it somewhere that moving 101 says you'd actually do some due dilligence on the neighborhood before you bought there. Again, like following the rules, is this anything out of the ordinary or are people really that hell bent on blaming others for the lack of homework on their part?
I hate to say it but the complaints from people about HOA's are just like the complaints I hear from parents in our Athletic Association. People LOVE to complain but when you ask them to volunteer or take an active role to do a better job, you'll see them run away like cockroaches... This is a fact for a MAJORITY of people (Not ALL, but an overwhelming majority).
I volunteer a ton of my time to make athetics in my town better and have a say. But I'll hear crap from a parent who drops off Johnny at my practice saying "why isn't the field in better shape?". Well, my answer to that lady is get your fat a** out here one saturday morning and grab a rake and get to work like I do.
Just like people w/HOA's they love to complain but are NEVER at a meeting to respectfully voice their concerns (to these people who VOLUNTEER I remind you), or god forbid run for the board, to actually make a difference.
Sorry Loves, but you knew I had to write a long winded post at some point...!
Coupon, I am thinking that we had this discussion before. To make a story short (if you want the long version, read my previous posts) I was sucker-punched over the whole HOA issue. I am an experienced (and certified) property manager who is also a mortgage underwriter and has taken every real estate sales course there is, just have never actually taken the exam. Never-the-less, I jumped into my HOA and volunteered for many years, the last couple of years as president. Of course, my biggest goal was to try to keep the HOA in line. Unfortunately, the power hungry VP decided to go over my head and start foreclosure proceedings on houses that did not pay their dues. I got the foreclosures stopped, then, promptly resigned.
The HOA is now pretty much defunct, which, I guess accomplished my goal anyway as the rest of the board quit when I did. It was just sad to see all of the years of work go down the toilet.
I will stand by my assertion that HOAs should be banned. The city should step up and do the job that our taxes pay for and stop passing off the chores to the HOAs. (brilliant idea from someone to save city money, just not terribly fair to homeowners)
It makes no sense to ban a whole idea of an HOA for everyone because you had a bad experience w/a power hungry VP on your board. That's just plain rediculous. This exactly reminds me of the kid who acted up in class, and the whole class was punished because of him...
Many people go through their lives and love their HOA and the rules that are enforced. Why be like big brother & limit choice for individuals who are in favor of this option? If you don't want any around, let potential homeowners do their homework and DECIDE FOR THEMSELVES. Let me have the CHOICE of an HOA. I wouldn't want it different.
HOA's benefit the developer and the city's they are in. If you research how they started that's it in a nutshell. I have said before I witnessed the nasty and yes even evil side of these and condo associations. I do believe the laws governing them in North Carolina need to be a bit more restrictive. Perhaps the time has come for people to contact their legislators. It actually is just a matter of time before they get involved any way. Why not sooner?
The one where I live is great. Could it go downhill? Sure. Get some power hungry people in there who think the position make them a big deal and you can have a problem.
Get some people who only care about the neighborhood and the people living there, then you will be fine.
Some people have no "choice" when it comes to being one. We wanted a new house and couldn't afford to buy land and get a custom home. So we had to go into a development. Yes, yes it was our choice but it does put you in a bit of a position. And if you are not familiar with how they work or you never heard of them, it is an issue.
I don't see them going away. Builders get to get rid of a lot of issues when they are formed and cities and counties get to increase their tax base but not have to deal with a lot of services. As usual it always comes down to money.
.....Never-the-less, I jumped into my HOA and volunteered for many years, the last couple of years as president. Of course, my biggest goal was to try to keep the HOA in line. Unfortunately, the power hungry VP decided to go over my head and start foreclosure proceedings on houses that did not pay their dues. I got the foreclosures stopped, then, promptly resigned.
The HOA is now pretty much defunct, which, I guess accomplished my goal anyway as the rest of the board quit when I did. It was just sad to see all of the years of work go down the toilet.....
Wait, you said your goal was to keep the HOA in line, but then said your real goal was to kill off the leadership of the HOA. it seems to me you didn't do your neighborhood any good service because I assume the bills that were being paid by the association fees being collected are no longer being collected. Either this is a neighborhood that didn't have any significant bills such as a pool and greens, or you are all going to have some serious problems with liens being placed against the neighborhood. It's a mess that someone else is now going to have to clean up. There is an appropriate way to terminate an association but that requires 80% of the neighborhood to agree.
On the earlier comment, if someone doesn't know they are buying into a neighborhood covered by a HOW that is really their issue. For the majority of people who do go, pay their dues, and try to be good neighbors this is never a problem for them. A HOA is considered an asset, not a liability. It's the other 5% that cause 99% of the issues.
Wait, you said your goal was to keep the HOA in line, but then said your real goal was to kill off the leadership of the HOA. it seems to me you didn't do your neighborhood any good service because I assume the bills that were being paid by the association fees being collected are no longer being collected. Either this is a neighborhood that didn't have any significant bills such as a pool and greens, or you are all going to have some serious problems with liens being placed against the neighborhood. It's a mess that someone else is now going to have to clean up. There is an appropriate way to terminate an association but that requires 80% of the neighborhood to agree.
On the earlier comment, if someone doesn't know they are buying into a neighborhood covered by a HOW that is really their issue. For the majority of people who do go, pay their dues, and try to be good neighbors this is never a problem for them. A HOA is considered an asset, not a liability. It's the other 5% that cause 99% of the issues.
There is no pool. Only common areas. Yes, they are still collecting the annual dues and paying for those landscaping things.
By defunct, I mean that the HOA people are not aggravating the homeowners over stupid stuff. That was my goal. We are a blue-collar neighbourhood. We are not Ballantyne or somewhere fancy. Most of the people that live in my neighbourhood are just scraping by, evidenced by the many foreclosures in the area. My whole premise was not to annoy people even further by sending them letters complaining that their grass is high (not excessively) when it rained all the weekend before. (just an example) My premise is that people will mimic the neighbourhood and if their neighbours are keeping their houses nicely, others will, too. At any rate, (again, read my previous posts) it seems to have worked and things are a lot nicer in my neighbourhood now!!
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This is a fact for a MAJORITY of people (Not ALL, but an overwhelming majority).
