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re: About to get into a fight with HOA over parking policy inside the community

Posted on 9/29/14 at 3:43 pm to
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37862 posts
Posted on 9/29/14 at 3:43 pm to
quote:

there are a ton of unpaid dues but according to the HOA, the legal fees involved with putting liens on property outweigh the fees owed, so its not worth the battle


In Texas, apparently you could add the fees to the amount owed, i.e. the lien. And if you didn't pay your dues for enough years, they could foreclose on the property. And the best thing was this, according to the attorney our HOA had: the lien was primary over the mortgage. So the HOA could not only force a foreclosure, but they got their money before the mortgage company did.

Posted by eng08
Member since Jan 2013
5997 posts
Posted on 9/29/14 at 3:49 pm to
In louisiana the more well written HOA's for condominiums have a clause in there where they can turn your water off. Talking to a guy that manages numerous HOAs that tactic is much more effective than liens.
Posted by tigeraddict
Baton Rouge
Member since Mar 2007
12129 posts
Posted on 9/29/14 at 4:02 pm to
quote:

And if you didn't pay your dues for enough years, they could foreclose on the property. And the best thing was this, according to the attorney our HOA had: the lien was primary over the mortgage. So the HOA could not only force a foreclosure, but they got their money before the mortgage company did.



that's why mortgage companies routinely want to look at HOA bylaws... to check their risk
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