2007-04-12 05:06:18 · 15 answers · asked by Ramon P 2 in Business & Finance ➔ Renting & Real Estate
A homeowners association dues are part of the sales contract of a home in a regulated community. It isn't optional since you have a contract with the individual. If he is out of contract you have no other option than to pursue legal recourse.
Start with a collection agency. If they fail to obtain the funds within a n allotted time (usually a few months is sufficient) report him to a credit reporting agency.
After reporting, sue him for the balance. You will almost certainly win the judgment regardless if he pays or not. If he defaults on the judgment you can (and should) report him to the courts where he may be held in contempt.
Oh, and report his defaulting on the judgment to a credit reporting agency.
The reason people pay their obligations is that they don't want to be reported to credit agencies or sued. If you are unwilling to carry through with the threat he has nothing to fear from you.
2007-04-12 05:12:19 · answer #1 · answered by MrDave2176 3 · 0⤊ 0⤋
Well, it a touchy subject. IF, they still paying on the house then the contract would hold them to this and "Small Claims Court". But, if they own the house the contract may no longer be valid. This happened where I lived years ago. Many people would not contribute and the road was a crap hole. I just have a Dump Truck come in and at least pour gravel along the road in front of my property. The road was good there. Then I told the others that wanted to do things; if each person on both sides of the road split the cost to do just what in front of their property then the road be good. Finally this worked best for us and those that wanted less got what they wanted. Lucky they were on another road, but, they did benefit from first coming in to where they turned. But, this was our situation for upkeep of the road, yours may be different. Eventually the County took over our part as it was the way they expected. Those down the other road just complain that the county do nothing for them.
2007-04-12 05:16:47 · answer #2 · answered by Snaglefritz 7 · 0⤊ 0⤋
You can file a lien vs the property so when it does sell the assoc. gets paid. Has anyone sat down with them to find out why they are not paying? Depending on circumstance it could put everyone's value at risk.
Small claims court might work.
There should be explicit directions in the HOA bylaws what the options are.
Good luck.
If you are in the market for a mortgage, home equity loan, or refinance http://www.m-o-r-t-g-a-g-e-r-a-t-e.com has some great information. Find out how to get up to 4 FREE No Obligation Mortgage Rate Quotes.
LEARN HOW you can save some serious money and get FREE Home Equity Loan Information at http://www.h-o-m-e-e-q-u-i-t-y-l-o-a-n.com
2007-04-12 05:53:35 · answer #3 · answered by annalisa.fontana 2 · 0⤊ 0⤋
I don't understand homeowners associations, if this guy OWNS his home, and refuses to pay the dues, what are going to due, force him out of his house. You can't it's his house. He bought it and he legally own it. I don't know if there is anything you can legally do or not, but if there is there shouldn't be.
2007-04-12 05:11:35 · answer #4 · answered by Anonymous · 0⤊ 1⤋
i'm not prepared on HOA's. besides the undeniable fact that, once you purchase a condominium it is a ingredient of an association, you compromise to stick to the CC&Rs. interior that settlement or yet another that replaced into signed and provided at last, that's possibly reported that a lien might nicely be positioned on the valuables for failure of fee of dues/fines/etc. basically, the HOA can record extra healthful for breach of settlement for non-fee of dues. maximum possibly the home proprietor will record an affirmative protection putting forward why he with held $x.xx volume in dues, and the priority will pass to litigation or ADR, as reported interior the settlement.
2016-10-21 23:07:53 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Your only option is to sue them. You get to add in attorney's fees to the judgement, and start collecting interest after that.
They'll pay it when they try to refinance or sell it. If it goes on long enough, the paydown of any existing prior mortgage coupled with the value appreciation will make it worthwhile to foreclose.
2007-04-12 05:10:52 · answer #6 · answered by open4one 7 · 0⤊ 0⤋
Our law office sues them all the time! We have several condo associations we work with to collect the fees, or foreclose on the property. Good Luck!
2007-04-12 05:09:36 · answer #7 · answered by wish I were 6 · 1⤊ 0⤋
Let them know that you will be taking them to court, and then they will be forced to pay the dues PLUS the court costs. That usually gets them to pay up.
2007-04-12 05:09:29 · answer #8 · answered by mystery_me 4 · 1⤊ 0⤋
Bury them under the common area
2007-04-12 05:08:36 · answer #9 · answered by Neal J 4 · 1⤊ 0⤋
You should have a procedure in place to handle this. Mostly what HOAs do is to put a lien on the property.
Regards
2007-04-12 05:10:23 · answer #10 · answered by Anonymous · 0⤊ 0⤋