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Old 03-22-2009, 11:33 AM
 
48,502 posts, read 96,816,250 times
Reputation: 18304

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HOA are like neighbors i that some are bad and other are good. Ist not a good place for those that can't deal with keeping up their property as sated in the contrat. Most that have active members are alos best. But in the end it is uo to the person to look at the rules and decide. There are alot of problems with ono-HOA communtites and there liitle is done because most ordinaces are much more lax in enforcement.That si why they cam eabout becuase of the old neoghbor from hell that is common in non-HOA communties. Its a free choice really.
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Old 03-22-2009, 12:50 PM
f_m
 
2,289 posts, read 8,367,255 times
Reputation: 878
For any future important correspondence, you should use registered mail, or something that will clearly indicate that a document was received and when it was received. In fact, if they are sending you important documents, they should be doing the same. They cannot prove when you got the letters if they only sent them first class.
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Old 03-23-2009, 02:59 PM
 
Location: Ocean County, NJ
228 posts, read 1,204,479 times
Reputation: 112
I currently rent a townhome that is in an HOA. So, I don't even have to deal with them and I will NEVER buy a home/townhome/conda with an HOA. I would sooner live in my car. I had the HOA "leader" charging after me because the garbage can was left in front of the garage overnight. Another time, one of the association board members was giving my room mate a hard time because he accidentally parked partly on the grass, and I've seen this particular member do it dozens of times. This place sucks, I can't wait to move into my new house in June.
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Old 03-23-2009, 03:33 PM
 
960 posts, read 1,162,321 times
Reputation: 195
Quote:
Originally Posted by bighusker View Post
This is one of several reasons why I refused to even consider buying a property that was part of an HOA. Thank God I still have that choice.
I second that. It's like a marriage; you have others partly in control of your life, and not necessarily logical people. I had no problems with my HOA until it came time to move. The assoc. prez misinterpreted the state laws to mean that he didn't need to show his books to anyone, including my buyer, who insisted on seeing for himself that the HOA was solvent. Now I'm in a neighborhood with no HOA. The freedom is palpable.
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Old 07-17-2009, 02:22 PM
 
40 posts, read 155,531 times
Reputation: 34
Question Can an HOA put a lien on a house that is unlivable?

This topic is scaring me particularly because I just got a notice from the HOA that they MAY put a lien on my house.

My house is unlivable because of the Chinese Drywall, can the HOA (which is still under control of the builder because they're not done with the development yet) actually put a lien on a house that is unlivable?

Do you know if they can still do that if I have the house condemned by the City or County??

Any information you can provide would be greatly appreciated. Not that the house is worth anything, but still... I don't want a lien on it either! :-)
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Old 07-19-2009, 10:40 AM
 
Location: Pawnee Nation
7,525 posts, read 16,976,226 times
Reputation: 7112
Quote:
Originally Posted by FrustratedChineseDrywall View Post
This topic is scaring me particularly because I just got a notice from the HOA that they MAY put a lien on my house.

My house is unlivable because of the Chinese Drywall, can the HOA (which is still under control of the builder because they're not done with the development yet) actually put a lien on a house that is unlivable?

Do you know if they can still do that if I have the house condemned by the City or County??

Any information you can provide would be greatly appreciated. Not that the house is worth anything, but still... I don't want a lien on it either! :-)
Call a real estate attorney asap.

You are dealing with two separate issues.

You as the owner are required to pay HOA fees, taxes, insurance etc until such time as you get a court ordered or lender/leinor release to not pay.

In the mean time, you as the buyer, have the right to sue the he** out of the builder for selling you an unlivable house.....the suit should include all those costs associated with not being able to live in the house.

But you still have to pay your bills and meet YOUR contractual obligations.


The fact that the HOA is run by the guy you are suing just complicates matters. Get an attorney
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Old 08-07-2013, 03:09 PM
 
2 posts, read 3,731 times
Reputation: 10
I bought my house from my ex-wife. I went through a lawyer and we did a special warranty deed. In the deed it states that the seller is responsible for all liens against the property. When I bought the house from her I didn't know there was a lien on the house because she didn’t pay the HOA fees. Now the HOA wants me to pay the lien and they don’t care what the deed says. Am I supposed to pay or is my ex-wife liable for it?
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Old 08-07-2013, 03:25 PM
 
5,048 posts, read 9,614,434 times
Reputation: 4181
Quote:
Originally Posted by Dano706 View Post
I bought my house from my ex-wife. I went through a lawyer and we did a special warranty deed. In the deed it states that the seller is responsible for all liens against the property. When I bought the house from her I didn't know there was a lien on the house because she didn’t pay the HOA fees. Now the HOA wants me to pay the lien and they don’t care what the deed says. Am I supposed to pay or is my ex-wife liable for it?
Did you buy the house your wife owned in her own name ever since she moved to the hoa? Or did you just buy out her share of your joint home?
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Old 08-07-2013, 04:52 PM
 
2 posts, read 3,731 times
Reputation: 10
The house was refinanced in my name only several years before the divorce. During the divorce she was awarded the house (I have a rental house also and I was awarded that one). There was a special warranty deed filed with the county showing she was the owner of the house now. She was supposed to refinance the house to get my name off the deed but because of her bad credit she never did. Two years later she started being late and eventually stopped making house payments. I bought the house back from her to keep from ruining my credit and to keep my son in the same school and neighborhood where his friends were (I also took custody of my son). I had my lawyer do the paperwork to make everything legal. I made up the late payments and fees plus gave her money for the house. I had no Idea that there was a lien on the house until several months later. I talked to the HOA people but they said that it had been sent to the lawyer and it was too late for them to do anything about it. I contacted the lawyer’s office and they said that it didn’t matter what the special warranty said and that I was the owner of the house now and I was responsible for the fees.

I just talked to my lawyer about it and he told me to bite the bullet and pay the fee and then try to collect money from my ex (which he doubts I would ever get).
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Old 08-07-2013, 08:25 PM
 
Location: Brentwood, Tennessee
49,932 posts, read 59,901,366 times
Reputation: 98359
He's right. If your name is on the documents, you are responsible.
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