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Old 01-26-2010, 04:34 PM
 
Location: Palm Island and North Port
7,511 posts, read 22,918,024 times
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Quote:
Originally Posted by scjoe View Post
So if a house in a HOA subdivision is foreclosed on, doesn't the bank become responsible for the HOA dues?
Yes, generally the banks pay the back HOA dues. We list many foreclosures so we know how it works. Actually we (the Realtors) pay the HOA dues and are reimbursed by the banks.
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Old 01-26-2010, 06:38 PM
 
Location: Ohio
1,217 posts, read 2,835,513 times
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Quote:
Originally Posted by SoFLGal View Post
Yes, generally the banks pay the back HOA dues. We list many foreclosures so we know how it works. Actually we (the Realtors) pay the HOA dues and are reimbursed by the banks.

I'm sure SoFLGal has experience in this field. I was just remembering that the law was changed to limit banks responsibility for HOA dues to 12 months.
In the link below the second answer by an attorney is what I was told when I was on the board of directors at our former HOA.

Who is responsible for unpaid HOA dues when a foreclosed property is purchased? - Foreclosure - Avvo.com

Added: I also just remembered-while I was a board member of said HOA we discussed why we (the HOA) were not going to foreclose for non-payment of dues because the HOA fees were second in line (junior) after the mortgage (senior) and in all cases the mortgage was greater than the sales value (underwater if you will) so the HOA would not get any money by foreclosing but would have to pay attorneys fees for nothing.

Last edited by imagardener; 01-26-2010 at 06:52 PM..
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Old 01-27-2010, 05:17 AM
 
26,585 posts, read 62,033,913 times
Reputation: 13166
It depends on how much equity is in the home. When I lived in NJ we foreclosed on one of our units. The unit was worth $300K, they owed about $80K on their mortgage, so there was plenty of wiggle room. It was amazing how when they got served the foreclosure papers they managed to come up with the FIVE YEARS of back HOA dues plus all legal costs.

The board had tried to work out a compromise with the people for several years, but they just wouldn't budge--they were upset about a special assessment of $200 for snow removal--uh yeah, record amount of snow and what are we supposed to do about it? So for $200 lousy dollars it cost them over $5000 in late and legal fees. Dumbasses.
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Old 01-28-2010, 01:16 PM
 
252 posts, read 724,343 times
Reputation: 137
Quote:
Originally Posted by Charles View Post
Sure, that is a reality about the foreclosures affecting the fees the rest of the members pay. But, in general, HOA communities look a lot better and retain property values to prevent kooks from parking their cars on the lawn, erecting 100 foot ham radio antennae, and letting their yards turn into a dump. Everything is a trade off.
You don't need a HOA for that. If someone BUYS property for himself, he or she will generally respect it (except for the rednecks with cheap property). You're not going to find someone buy a 300 or 400K home then do all those aforementioned things.

Yeah, every once in a while you might have a guy paint his house purple but that usually happens in those subdivisions for people just starting out, but I've never seen a redneck family with a pitbull chained to a Chevy LUV in a higher end, non-HOA neighborhood.

HOAs are generally little fiefdoms that dilute the meaning of private property.
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Old 01-28-2010, 02:18 PM
 
Location: Ohio
1,217 posts, read 2,835,513 times
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Quote:
Originally Posted by triwing View Post
You don't need a HOA for that. If someone BUYS property for himself, he or she will generally respect it (except for the rednecks with cheap property). You're not going to find someone buy a 300 or 400K home then do all those aforementioned things.

Yeah, every once in a while you might have a guy paint his house purple but that usually happens in those subdivisions for people just starting out, but I've never seen a redneck family with a pitbull chained to a Chevy LUV in a higher end, non-HOA neighborhood.

HOAs are generally little fiefdoms that dilute the meaning of private property.

I am no HOA lover, lol but Florida is a little strange when it comes to neighborhoods.

When we were looking for a non-HOA home to buy we would drive down a street where one side of the street homes were $350-$500,000 and the other side of the street looked really shabby, probably half the price.

Or the beginning of the street houses were shabby and got nicer and nicer as you reached the end of the street. We wondered why.

The we went to google maps and looked at the satellite view. Ohhhhhhhh.
One side of the street was on the water and the other wasn't. Or the end of the street was on the water but not the beginning.

The people in the $150,000 houses might be renters or they might be original owners who paid $65,000 for their house way back when. They might be the type to have several old cars on the property.
One street we looked at a nice house on had a neighbor across the street with a mattress in the yard next to a firepit and lots of beer bottle empties.

That is the way some neighborhoods are in Florida and I've never seen it in any other state.

Honestly, when you are looking for property your best friend is google maps and the MLS listings. It explains why some little ole house that's 40 years old with 1 bathroom and no garage is listed for $500,000. And I'm not talking teardown either because CBS houses last FOREVER in Florida.

The neighborhood we bought into has canals on both sides of the street but the houses range from 12 years old to 45 years old. And some neighbors (renters) have boats (plural) in their yard. We have a small RV next to our house and a neighbor across the street has a bigger one next to theirs.
We love our neighborhood and if want to paint our house purple we could (not my fav color).

Just sayin...
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Old 02-12-2010, 08:41 AM
 
130 posts, read 265,377 times
Reputation: 86
HOAs are horrible! These people act like the neighborhood is a museum! This is no way to live! I rent in a HOA and I'm glad I rented before I bought! I would never ever buy in a HOA community! If you live in a HOA you really don't own your house, you have to get permission for everything! You need permission to fly a flag, plant trees on your property, cut down trees, place signs up, must keep your garage door closed, etc etc......

Homeowners in HOA communities do not have the right to alter their own property or house! So you really don't own it! Sterling Hill in Spring Hill Florida is the worst!
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Old 02-13-2010, 06:26 AM
 
26,585 posts, read 62,033,913 times
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Quote:
Originally Posted by cpt757100 View Post
HOAs are horrible! These people act like the neighborhood is a museum! This is no way to live! I rent in a HOA and I'm glad I rented before I bought! I would never ever buy in a HOA community! If you live in a HOA you really don't own your house, you have to get permission for everything! You need permission to fly a flag, plant trees on your property, cut down trees, place signs up, must keep your garage door closed, etc etc......

Homeowners in HOA communities do not have the right to alter their own property or house! So you really don't own it! Sterling Hill in Spring Hill Florida is the worst!
Not all have restrictions like that, and one of the reasons that there are restrictions is to keep the place from looking like a garbage dump. I prefer a "museum," thank you.

You do own it, your deed very much says you do. It also says that there are some specific terms of that homeownership that you agree to when you buy. If you don't like the terms, you become active with the community, run for the board, and make changes happen.
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Old 02-13-2010, 06:49 AM
 
2,143 posts, read 8,031,415 times
Reputation: 1157
Quote:
Originally Posted by annerk View Post
Not all have restrictions like that, and one of the reasons that there are restrictions is to keep the place from looking like a garbage dump. I prefer a "museum," thank you.

You do own it, your deed very much says you do. It also says that there are some specific terms of that homeownership that you agree to when you buy. If you don't like the terms, you become active with the community, run for the board, and make changes happen.
Or don't live there. It's all about choice. I never understand why people complain about the choice they made? If you don't want to live in a place with an HOA, why move there? It makes no sense at all.
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Old 02-13-2010, 06:50 AM
 
2,143 posts, read 8,031,415 times
Reputation: 1157
Quote:
Originally Posted by cpt757100 View Post
HOAs are horrible! These people act like the neighborhood is a museum! This is no way to live! I rent in a HOA and I'm glad I rented before I bought! I would never ever buy in a HOA community! If you live in a HOA you really don't own your house, you have to get permission for everything! You need permission to fly a flag, plant trees on your property, cut down trees, place signs up, must keep your garage door closed, etc etc......

Homeowners in HOA communities do not have the right to alter their own property or house! So you really don't own it! Sterling Hill in Spring Hill Florida is the worst!
Why did you rent there in the first place?
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Old 02-13-2010, 08:09 AM
 
26,585 posts, read 62,033,913 times
Reputation: 13166
Quote:
Originally Posted by Lilybeans View Post
Or don't live there. It's all about choice. I never understand why people complain about the choice they made? If you don't want to live in a place with an HOA, why move there? It makes no sense at all.
Exactly! I can't believe that anyone would be so foolish, and even stupid, to buy or rent a home without having a clue what they were getting.
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