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re: OT lawyers: HOA dues question?
Posted on 6/7/24 at 7:14 pm to Fat and Happy
Posted on 6/7/24 at 7:14 pm to Fat and Happy
quote:Or he would probably lose in court and end up paying his own legal fees, plus the HOA’s legal fees, plus a judgment for the unpaid dues with interest.
Because you can actually tie them up in civil court and cost the HOA quite a bit of money for legal costs.
0
Posted on 6/7/24 at 7:17 pm to tigerinexile
quote:
Draw first blood and sue them for breech of contract.
This is actually a great idea.
Posted on 6/7/24 at 7:18 pm to BabyTac
quote:
I don’t have mortgage
You’ve borrowed quite a bit from the HOA with your house signed over as collateral.
Posted on 6/7/24 at 7:24 pm to BabyTac
quote:
I refuse to pay since they refuse to enforce rules they put in place.
quote:
Keep getting notices with late fees
Sounds like they’re enforcing the rules to me.
Posted on 6/7/24 at 7:35 pm to tigeraddict
quote:
Insurance on common areas, lawn care of common areas. And pond upkeep are largest HoA costs
If the neighborhood is gated roads usually be the single largest expense paid out at one time. We spent over $450k a couple of years ago to overlay the oldest 1/3rd of the roads.
Posted on 6/7/24 at 7:36 pm to BabyTac
They have you by the balls pay it you are accruing fees that they will get in a judgement on. You owe the fines but the accruing of penalties could get up there.
They sue you, you get an attorney how much are you in for now? You owe the bill pay it. I don’t care for HOAs but they got you by the short hairs.
They sue you, you get an attorney how much are you in for now? You owe the bill pay it. I don’t care for HOAs but they got you by the short hairs.
Posted on 6/7/24 at 7:42 pm to BabyTac
HOAs sorta own you. Some are so strict that you have to have an approval for everything from shingles to painting your door.
I'm trying to convince my wife we don't need to live in a subdivision. We can't have a boat, RV or anything that isn't closed up in the garage.
We both grew up in a rural environment but she loves her street light.
I'm trying to convince my wife we don't need to live in a subdivision. We can't have a boat, RV or anything that isn't closed up in the garage.
We both grew up in a rural environment but she loves her street light.
Posted on 6/8/24 at 12:48 pm to BabyTac
Update…after some consultation, I’ve decided to go ahead and pay the dues, then move forward with a potential class action law suit for breach of contract.
Them not doing their job doesn’t excuse my commitment to pay. Sort of a chicken or egg scenario. But once I pay my dues, it’s full steam ahead.
Will keep the thread updated.
Them not doing their job doesn’t excuse my commitment to pay. Sort of a chicken or egg scenario. But once I pay my dues, it’s full steam ahead.
Will keep the thread updated.
Posted on 6/8/24 at 12:57 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. And you don’t know if they aren’t doing anything about the shed. That guy could be getting notices and fines also.
Our HOA foreclosed on a home who was way past due on fees and fines. Of course, they had rented it out to some people who were making porn videos in it and that didn’t endear them much either.
Posted on 6/8/24 at 1:21 pm to tigeraddict
quote:
What state? In Louisiana, HOA can actually foreclose on property to recoup dues/late fees/fines/legal fees.
We had to do this once, but it was for a condo where the owner passed and the kids didn't want it because the debt had it upside down. We sued the estate, got 3 years of back dues when it sold and the lender got the remainder.
It is a lengthy, expensive process and a reasonable HOA wouldnt do it for someone just a couple grand behind.
Posted on 6/8/24 at 1:39 pm to BabyTac
I got tricked into being on our HOA by a friend asking for help.
I hate it, mostly because of people like you and your lazy neighbors who refuse to follow the covenants or pay their dues on time.
My experience is HOA’s have a little bite for dues by placing a lien on your property. We have almost zero bite to enforce covenants, we can’t “make” anyone move their RV or cut their yard, all we can do is fine them.
I suspect this is what your HOA is doing and you will lose your suit. Pay your dues and tell your trashy neighbors to cut their yard every time you see them.
I hate it, mostly because of people like you and your lazy neighbors who refuse to follow the covenants or pay their dues on time.
My experience is HOA’s have a little bite for dues by placing a lien on your property. We have almost zero bite to enforce covenants, we can’t “make” anyone move their RV or cut their yard, all we can do is fine them.
I suspect this is what your HOA is doing and you will lose your suit. Pay your dues and tell your trashy neighbors to cut their yard every time you see them.
Posted on 6/8/24 at 1:49 pm to BabyTac
quote:
Update…after some consultation, I’ve decided to go ahead and pay the dues, then move forward with a potential class action law suit for breach of contract.
I can’t wait for you to sue them and them raise dues to pay for your lawsuit.
Posted on 6/8/24 at 2:04 pm to BabyTac
You need to find out if the HOA is actively fining the homeowners in your list of failures. They may already be enforcing and the homeowners are fighting it…
Posted on 6/8/24 at 3:37 pm to BabyTac
quote:
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.
Because of you, we can't have anything nice.
Posted on 6/8/24 at 4:26 pm to BabyTac
quote:
Lawsuit
Ha, you are the HOA dummy you are suing yourself. Your own dues are paying the legal fees.
Maybe those boat owners and no grass cutters are already getting fines.
Posted on 6/8/24 at 4:32 pm to BabyTac
quote:
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.
Hope you have enough equity to keep your house at auction
Posted on 6/8/24 at 4:32 pm to ColdDuck
They probably can not tell you specifics of people they are sending things to.. trying to get money from etc..
I have rentals and live in an hoa area…so some experience… they probably are trying to do things about some of your concerns.. if you really want to know what is going on.. join your hoa board
I have rentals and live in an hoa area…so some experience… they probably are trying to do things about some of your concerns.. if you really want to know what is going on.. join your hoa board
Posted on 6/8/24 at 4:36 pm to RummelTiger
quote:
I know this isn’t a real scenario but
but why can't you ban this fool? Especially if other admins can unilaterally release vermin like OMLandshark back into the ecosystem.
Posted on 6/8/24 at 5:17 pm to BabyTac
In Texas, an HOA can foreclose for unpaid dues. Before foreclosing, the HOA will obtain a court order authorizing the foreclosure. So you’ll be notified when you’re served with the lawsuit. And the amount you owe will triple due to attorney fees.
Once the HOA gets the court order, you’ll be given written notice of the foreclosure at least 21 days in advance. In Texas, all foreclosure auctions are conducted on the first Tuesday of each month.
The HOA not doing it’s job is not grounds for not paying the dues.
So pay now or pay more later.
Once the HOA gets the court order, you’ll be given written notice of the foreclosure at least 21 days in advance. In Texas, all foreclosure auctions are conducted on the first Tuesday of each month.
The HOA not doing it’s job is not grounds for not paying the dues.
So pay now or pay more later.
Posted on 6/8/24 at 5:17 pm to PetroBabich
frick you, OML is awesome
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