Started By
Message
locked post

OT lawyers: HOA dues question?

Posted on 6/7/24 at 3:29 pm
Posted by BabyTac
Austin, TX
Member since Jun 2008
14581 posts
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?
Posted by MyRockstarComplex
The airport
Member since Nov 2009
4478 posts
Posted on 6/7/24 at 3:29 pm to
Property lien. Good luck dawg
Posted by RummelTiger
Texas
Member since Aug 2004
92058 posts
Posted on 6/7/24 at 3:31 pm to
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 by tigeraddict
Baton Rouge
Member since Mar 2007
13545 posts
Posted on 6/7/24 at 3:31 pm to
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

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 by bubbz
Baton Rouge
Member since Mar 2006
23033 posts
Posted on 6/7/24 at 3:32 pm to
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 by Fat and Happy
Baton Rouge
Member since Jan 2013
18762 posts
Posted on 6/7/24 at 3:32 pm to
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.

Posted by NIH
Member since Aug 2008
117349 posts
Posted on 6/7/24 at 3:35 pm to
You’d be wrong. Most HOAs have insurance and he’d be paying attorney’s fees in addition to late fees.


Posted by BabyTac
Austin, TX
Member since Jun 2008
14581 posts
Posted on 6/7/24 at 3:36 pm to
Will I get any notification if they go the lien on my house route? This is in Texas.
Posted by baldona
Florida
Member since Feb 2016
22521 posts
Posted on 6/7/24 at 3:37 pm to
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 by Bamafig
Member since Nov 2018
4796 posts
Posted on 6/7/24 at 3:39 pm to
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 by Strannix
President Trump's America
Member since Dec 2012
51381 posts
Posted on 6/7/24 at 3:39 pm to
Just hook your trailer up and move it one night.
Posted by Dog Tree
Member since Sep 2019
474 posts
Posted on 6/7/24 at 3:41 pm to
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.
This post was edited on 6/7/24 at 3:44 pm
Posted by danilo
Member since Nov 2008
23526 posts
Posted on 6/7/24 at 3:42 pm to
What rules aren’t they enforcing?
Posted by GreenRockTiger
vortex to the whirlpool of despair
Member since Jun 2020
54059 posts
Posted on 6/7/24 at 3:43 pm to
quote:

Property lien. Good luck dawg
but if he can prove they aren’t doing what they’re supposed to, he will win in court - I’ve seen it happen
Posted by chili pup
Member since Sep 2011
3697 posts
Posted on 6/7/24 at 3:44 pm to
Don't live within a HOA. Go somewhere you make the rules.
Posted by DCtiger1
Member since Jul 2009
10263 posts
Posted on 6/7/24 at 3:45 pm to
None of this is real so who fricking cares.
Posted by tigeraddict
Baton Rouge
Member since Mar 2007
13545 posts
Posted on 6/7/24 at 3:48 pm to
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.
Posted by BabyTac
Austin, TX
Member since Jun 2008
14581 posts
Posted on 6/7/24 at 3:49 pm to
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.
Posted by Riverside
Member since Jul 2022
5604 posts
Posted on 6/7/24 at 3:50 pm to
Sue you and get a judgment and then commence to garnish your wages/seize your assets.
Posted by 3deadtrolls
lafayette
Member since Jan 2014
6409 posts
Posted on 6/7/24 at 3:51 pm to
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.
first pageprev pagePage 1 of 4Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on X, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookXInstagram