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Old 09-26-2009, 02:41 PM
 
4,010 posts, read 10,181,835 times
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We talked about this here before. The HOA is only required in NC Law to send a written letter to the residence or owner, about the dues being deliquent. Upon notification the homeowner has 15 days to pay the bill to avoid any fines or lawyers fees or anything else. After 15 days the homeowner is also liable for these fees as well.

The law considers the owner to be in default if the dues are more than 30 days late. Most HOAs send out the bill at least a month or more in advance so this usually gives ample notice. State law has a specific provision for a HOA to start foreclosure proceedings if the dues are not paid. If they actually start foreclosure proceedings then the Clerk of court will send out notification to all interested parties. This will normally be the owner of record on the deed and any lien holders, usually the mortgage holder. This notice will be for a hearing in front of the Clerk who will decide if the the foreclosure is to proceed. Given what you said, this is your next chance to contest the foreclosure. If you offer to pay all fees, fines, and deliquent dues then there is a good chance the Clerk will dismiss the foreclosure.

if however the Clerk decides to proceed with the foreclosure then you can request the decision be heard in front of a real Judge who will make the final decision. Keep in mind that if the Clerk decides to dismiss the foreclosure, the HOA can also request a hearing in front of the Judge. In any case this is your last chance to make amends for being delinquent.

If for some reason you are not able via these to chances to stop the foreclosure then there will be a notice posted and an auction held at the courthouse for the property. If there is a lien then the mortgage holder will show up and normally bid at least what is owned on the property. This protects their interest. Higher bids can come in as well. High bidder wins and the winner is granted a deed to the property with all liens and claims abolished. The proceeds from the auction are used to pay off auction costs, taxes, dues, mortgage, then anything else left. The state keeps anything beyond that and the funds distributed to something like the schools (don't remember this part exactly)

Anyone living in the property has to vacate and the new owners can ask the sheriff to come and evict them pretty quick. The new owner takes possession.

-------------------------

Based on what you said, you don't have any option now but to show up and make the case for paying everything. You are not going to be in a position to bargain as you have nothing to offer.
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Old 09-26-2009, 03:24 PM
 
Location: Savannah, GA
794 posts, read 1,856,105 times
Reputation: 1694
So is the moral of the story not to purchase a home in a community with HOA fees? I never thought anything good could come out of living in a community with these types of rules, governance, and fees.
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Old 09-26-2009, 04:07 PM
 
Location: Indian Trail
539 posts, read 1,494,055 times
Reputation: 267
Quote:
Originally Posted by kbrkr View Post
So is the moral of the story not to purchase a home in a community with HOA fees? I never thought anything good could come out of living in a community with these types of rules, governance, and fees.
I wouldn't say that. I like the fact that my community has an HOA.

Last edited by car421; 09-26-2009 at 04:31 PM..
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Old 09-26-2009, 04:30 PM
 
Location: Indian Trail
539 posts, read 1,494,055 times
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Quote:
Originally Posted by jlwrivera View Post
Thank you everyone for your replies and advice. Our friends at the Home usually collect the mail (throw out anything that is junk - as it all should be except the HOA items) and then forward it to us monthly. That was the agreement as they are the "owners" and need to be responsible for dealing with the HOA. The HOA bills are supposed to come to us, as I wanted to make sure they were paid and never overlooked. The HOA has our phone number and since June has our address.
You have owned the house for 3 yrs but they would not sign for HOA letters and forward them to you? And it took 3 yrs for the HOA to get your address (you are the legal owner)?


Quote:
Originally Posted by jlwrivera View Post
I know this to be the case because during the month of august and september we have received five different notices warning of violations and potential fines at the property (most violations I feel are ridiculous and harrassing but understand the intention, and like to think that the family is not being discriminated against.
Quote:
Originally Posted by jlwrivera View Post
That was the agreement as they are the "owners" and need to be responsible for dealing with the HOA.
5 notices in 2 months? And you say they need to be responsible for dealing with the HOA? Not very responsible. And weather you feel the the violations are ridiculous or not, the HOA has covenants that you agreed to when you purchased the house.



Quote:
Originally Posted by jlwrivera View Post
You are right about my ignorance about the ability of the management company and thier ability to remove fees. I usually pay the entire year of dues at the beginning of the year and am usually late. .
You admit that you are usually late, not very responsible and you still complain about late fees that you know you are going to be charged.


Quote:
Originally Posted by jlwrivera View Post
Yes, technically they are renters and they do have an option agreement on the property, all set up to help protect everyones interests.
And you are the owner which makes you fully responsible to the HOA.


I just have a feeling that there is more to this story. And if I am wrong, I apologize. Just that in my dealings with an HOA when a homeowner is constantly late with dues and has multiple violations they are always looking to blame everyone but themselves.

Again, if I am wrong I apologize.
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Old 09-26-2009, 05:04 PM
 
4,222 posts, read 7,864,335 times
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Quote:
Originally Posted by kbrkr View Post
So is the moral of the story not to purchase a home in a community with HOA fees? I never thought anything good could come out of living in a community with these types of rules, governance, and fees.
The only people in my community that have problems with the HOA are those that don't keep up their properties. I pounce on them as soon as it becomes an eye sore. These are the renters by the way. I keep in constant contact with the homeowners who are unfortunately in California or other far away states. They would be slum landlords if I weren't on their arses. The HOA is there to ensure that the property values remain as high as possible and should have a good relationship with the community. People that don't like HOAs don't usually understand their purposes. Surely you were aware of HOA dues, etc?
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Old 09-26-2009, 05:17 PM
 
4,010 posts, read 10,181,835 times
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Quote:
Originally Posted by vindaloo View Post
,,,, I pounce on them as soon as it becomes an eye sore. ....
Probably the biggest reason that HOAs have issues isn't because of people not paying dues, but rather asses running down every street with a copy of the rules where they have self-appointed themselves judge jury and executioner for how every person in the neighborhood should conduct their lives. If you tried to "pounce" on me, I would twist your head until your eyes popped. Thank God you don't live in my neighborhood.
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Old 09-26-2009, 05:30 PM
 
3,071 posts, read 9,115,680 times
Reputation: 1659
Quote:
Originally Posted by car421 View Post
I wouldn't say that. I like the fact that my community has an HOA.
The moral to the story is NEVER enter into a contract without it being very clear as to who will pay what. These renters are the problem. Why would a person co-sign with anyone without EVERYTHING BEING VERY CLEAR.... Their credit is bad for a reason and soon the co-signer will have bad credit too.....go figure
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Old 09-26-2009, 05:38 PM
 
Location: headed back to Texas
163 posts, read 473,437 times
Reputation: 80
I received my first notice from our HOA today, ironically. We moved here in July from an area that doesn't have HOAs, so we have only heard horror stories, but had no personal experience.

Until today.

Our mailbox apparently has a small dent and is missing some paint. (I guess someone - possibly the postal carrier- ran into it?)

I understand why HOA exist, but I also think that they have way too much power.
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Old 09-26-2009, 05:51 PM
 
4,222 posts, read 7,864,335 times
Reputation: 1582
Quote:
Originally Posted by lumbollo View Post
Probably the biggest reason that HOAs have issues isn't because of people not paying dues, but rather asses running down every street with a copy of the rules where they have self-appointed themselves judge jury and executioner for how every person in the neighborhood should conduct their lives. If you tried to "pounce" on me, I would twist your head until your eyes popped. Thank God you don't live in my neighborhood.
Self appointed. LOL! You really need to stop making statements based on anger and not intelligence. I don't want trash in my neighborhood. If you accept trash, that is your business. I do not go around and bother anyone. I simply try my best to ensure that the neighborhood doesn't go to hell since the builder abandoned the place. I personally mow all of the common areas, trim the trees, and do other jobs since many of the residents are too old to participate. We have a great HOA. Our meetings are productive and we try our best to get total community participation. Your comments say lots about you. I'm pretty sure that you wouldn't be able to harm me. Ready to fight, huh?
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Old 09-26-2009, 05:53 PM
 
4,010 posts, read 10,181,835 times
Reputation: 1600
^Luv just stating facts and I didn't say anything about you. If however if you think the shoe fits which resulted in this response, then so be it. Nothing emotional about it at all on my part, though it has been my experience that people who pass judgement on others as being trash, area not going to listen to anyone else anyway.
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