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OT lawyers: HOA dues question?
Posted on 6/7/24 at 3:29 pm
Posted on 6/7/24 at 3:29 pm
I haven’t paid dues in almost two years. Keep getting notices with late fees. I refuse to pay since they refuse to enforce rules they put in place.
What’s the end game? I don’t have mortgage so they can’t go there. I don’t care about my credit if they try and go that route. What can they really do if I never pay?
What’s the end game? I don’t have mortgage so they can’t go there. I don’t care about my credit if they try and go that route. What can they really do if I never pay?
Posted on 6/7/24 at 3:29 pm to BabyTac
Property lien. Good luck dawg
Posted on 6/7/24 at 3:31 pm to BabyTac
I know this isn’t a real scenario but, if it was…then you’ll find out when you go to sell your house or when they sue you.
Posted on 6/7/24 at 3:31 pm to BabyTac
What state? In Louisiana, HOA can actually foreclose on property to recoup dues/late fees/fines/legal fees.
1st step is to put a lien on the house. That cost gets added to your amount owed. His will need to renew the lien every 2 or 3 years. But if fees get high enough they can foreclose on you
LINK
1st step is to put a lien on the house. That cost gets added to your amount owed. His will need to renew the lien every 2 or 3 years. But if fees get high enough they can foreclose on you
LINK
quote:
Liens and Foreclosures Under Louisiana law, an HOA can place a lien on a property for unpaid assessments. This lien has the potential to escalate to foreclosure if the homeowner does not settle the outstanding debts
This post was edited on 6/7/24 at 3:33 pm
Posted on 6/7/24 at 3:32 pm to BabyTac
They will tack on liens to your house. When you go to sell it or change ownership, you’ll be paying it then, or none of the above will happen.
This post was edited on 6/7/24 at 3:33 pm
Posted on 6/7/24 at 3:32 pm to BabyTac
Just depends on if they actually want to pay to go the property lien route.
Because you can actually tie them up in civil court and cost the HOA quite a bit of money for legal costs.
Because you can actually tie them up in civil court and cost the HOA quite a bit of money for legal costs.
Posted on 6/7/24 at 3:35 pm to Fat and Happy
You’d be wrong. Most HOAs have insurance and he’d be paying attorney’s fees in addition to late fees.
Posted on 6/7/24 at 3:36 pm to Fat and Happy
Will I get any notification if they go the lien on my house route? This is in Texas.
Posted on 6/7/24 at 3:37 pm to BabyTac
quote:
BabyTac
quote:
I haven’t paid dues in almost two years
I'm shocked
What rules are you so upset about? Why don't you join the board? Not that you would be allowed anyway?
Is the common area not upkept by your dues? Is there landscaping not still done? What are your dues paying for?
Posted on 6/7/24 at 3:39 pm to tigeraddict
Can he counter sue for failure to enforce the contracted rules? I mean, technically you can sue for nearly anything, but would a counter suit make them look the other way?
Posted on 6/7/24 at 3:39 pm to BabyTac
Just hook your trailer up and move it one night.
Posted on 6/7/24 at 3:41 pm to tigeraddict
Please clarify. If the HOA does not enforce all of the covenants, they still can lien the property??
Example, 1 homeowner install portable shed & the HOA does nothing. But OP doesn't pay fees.
Example, 1 homeowner install portable shed & the HOA does nothing. But OP doesn't pay fees.
This post was edited on 6/7/24 at 3:44 pm
Posted on 6/7/24 at 3:42 pm to BabyTac
What rules aren’t they enforcing?
Posted on 6/7/24 at 3:43 pm to MyRockstarComplex
quote:but if he can prove they aren’t doing what they’re supposed to, he will win in court - I’ve seen it happen
Property lien. Good luck dawg
Posted on 6/7/24 at 3:44 pm to BabyTac
Don't live within a HOA. Go somewhere you make the rules.
Posted on 6/7/24 at 3:45 pm to BabyTac
None of this is real so who fricking cares.
Posted on 6/7/24 at 3:48 pm to Dog Tree
Not sure about Texas, but in Louisiana the subdivisions’s covenant agreement stipulates what the HOA can and can’t do. And then stipulates warning and notice procedure. After board is formed they can amend the covenant agreement. And set new fines and days between fines.
One I lived in stated HOA has jurisdiction on anything that can been see from street or neighboring yard. If lower then fence height they couldn’t enforce.
One I lived in stated HOA has jurisdiction on anything that can been see from street or neighboring yard. If lower then fence height they couldn’t enforce.
Posted on 6/7/24 at 3:49 pm to danilo
I’ve documented several. To name a few….
An RV has been parked in someone’s driveway and has residents for over a year.
A few houses haven’t mowed their grass yet this year.
A couple houses with boats permanently parked in the driveways with trashy tarp over them.
I’m in no way pro HOA but I’m also not going to be forced to pay hundreds of bucks to someone not doing their job.
An RV has been parked in someone’s driveway and has residents for over a year.
A few houses haven’t mowed their grass yet this year.
A couple houses with boats permanently parked in the driveways with trashy tarp over them.
I’m in no way pro HOA but I’m also not going to be forced to pay hundreds of bucks to someone not doing their job.
Posted on 6/7/24 at 3:50 pm to BabyTac
Sue you and get a judgment and then commence to garnish your wages/seize your assets.
Posted on 6/7/24 at 3:51 pm to Dog Tree
quote:
Please clarify. If the HOA does not enforce all of the covenants, they still can lien the property??
Example, 1 homeowner install portable shed & the HOA does nothing. But OP doesn't pay fees.
Yes, those things have almost nothing to do with each other. Your HOA should provide or at least make readily available financial statements that show where your money goes.
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