KarenT
(Washington)
Posts:200
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| 08/04/2010 9:06 AM |
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There is a lot to this story, but I’ll try to condense it the best I can
• Homeowner always late paying dues, incurred months and months of late fees for dues.
• Homeowner and boyfriend (who has POA) refused to pay late fees.
• Notices sent each month with costs, including special assessment for road
• Homeowner left vile message on HOA Presidents phone
• Police reports were filed for phone messages
• Homeowner shows up at Presidents door (drunk) and abusive
• President asks homeowner to leave, homeowner slams herself into full length glass door
• President calls Police and they talk to homeowner who is belligerent to Police
• Police recommend President get anti-harassment order (court grants order)
• Matter turned over to HOA Attorney for collection
• Homeowner contacts President via voice mail (violates order)
• Homeowner also contacts HOA Attorney twice (very vile messages)
• Homeowner refuses to pay dues, special assessments for road 2 liens filed
• Homeowner has no income to garnish, collection agency indicates no way to recover since she also has several judgments in excess of $20,000
• Mtge company has started foreclosure once, but homeowner made pmt arrangements
• Several utility companies continually post shutoff notices on her door for non-payment.
No one will even talk to her and she knows it – she hides in her house most of the time and the police have even had difficulty serving her with court docs. We are at our wits end on how to get her to at least pay her dues let alone the liens. We have a private road which she must access to her residence. Do we restrict her access to the road, stop providing services, i.e., lawn care, sprinkler winterization, snow removal?
Any suggestions, comments would be appreciated.
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GlenL
(Ohio)
Posts:3526
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| 08/04/2010 9:47 AM |
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Matter turned over to HOA Attorney for collection
Let the HOA attorney earn his/her money and do the collection or ask them what the HOA can legally do to facilitate collection. It may be time to foreclose on the liens. |
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Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns |
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KarenT
(Washington)
Posts:200
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| 08/04/2010 10:08 AM |
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Posted By GlenL on 08/04/2010 9:47 AM
Matter turned over to HOA Attorney for collection
Let the HOA attorney earn his/her money and do the collection or ask them what the HOA can legally do to facilitate collection. It may be time to foreclose on the liens.
We have already had as letter served to her that nthe HOA will be foreclosing on the liens and she has ignored that also. SIGH! |
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SureshD
Posts:0
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| 08/04/2010 10:14 AM |
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Neglecting property maintenance will not effect resident but only make the property look bad and then effect the innocents (neighbors, nearby properties). Once foreclosure is completed it will make it more difficult to resell.
Check your state laws, you may not be able to restrict access to a person's home. |
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GlenL
(Ohio)
Posts:3526
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| 08/04/2010 2:15 PM |
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Posted By KarenT on 08/04/2010 10:08 AM Posted By GlenL on 08/04/2010 9:47 AM
Matter turned over to HOA Attorney for collection
Let the HOA attorney earn his/her money and do the collection or ask them what the HOA can legally do to facilitate collection. It may be time to foreclose on the liens. We have already had as letter served to her that nthe HOA will be foreclosing on the liens and she has ignored that also. SIGH!
Then you need to follow through and foreclose. Think of the BOD / homeowner relationship like a parent / child. If you continuously threaten the child with a punishment for not cleaning up their room and don't follow through; eventually they will realize that you are full of hot air. |
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Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns |
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SteveM9
(Massachusetts)
Posts:1442
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| 08/04/2010 6:23 PM |
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Homeowner has no income to garnish, collection agency indicates no way to recover since she also has several judgments in excess of $20,000
If you get a judgement, and he ever gets a job or assets, which he will, you will be able to collect.
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LynetteB
(Texas)
Posts:141
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| 08/04/2010 6:38 PM |
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Karen,
I had some luck with one of our delinquent accounts by contacting the bank which held his mortgage, and told them of our intention to possibly foreclose, and the bank decided to pay the dues and mowing fees.
I tried the same thing with another account and that bank wouldn't talk to me at all. That property ended up foreclosed by the bank. I am glad the POA didn't foreclose it because we might have been responsible for the mortgage after forecloser. |
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KarenT
(Washington)
Posts:200
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| 08/05/2010 7:39 AM |
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Posted By GlenL on 08/04/2010 2:15 PM Posted By KarenT on 08/04/2010 10:08 AM Posted By GlenL on 08/04/2010 9:47 AM
Matter turned over to HOA Attorney for collection
Let the HOA attorney earn his/her money and do the collection or ask them what the HOA can legally do to facilitate collection. It may be time to foreclose on the liens. We have already had as letter served to her that nthe HOA will be foreclosing on the liens and she has ignored that also. SIGH! Then you need to follow through and foreclose. Think of the BOD / homeowner relationship like a parent / child. If you continuously threaten the child with a punishment for not cleaning up their room and don't follow through; eventually they will realize that you are full of hot air.
Thank you, thank you, thank you Glen!!! I have been harping this to the new President so I hope now he will listen! |
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KarenT
(Washington)
Posts:200
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| 08/05/2010 7:42 AM |
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Posted By LynetteB on 08/04/2010 6:38 PM
Karen,
I had some luck with one of our delinquent accounts by contacting the bank which held his mortgage, and told them of our intention to possibly foreclose, and the bank decided to pay the dues and mowing fees.
I tried the same thing with another account and that bank wouldn't talk to me at all. That property ended up foreclosed by the bank. I am glad the POA didn't foreclose it because we might have been responsible for the mortgage after forecloser.
We have tried to contact the Lender with no success. I'm curious which Bank you got to pay? |
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LynetteB
(Texas)
Posts:141
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| 08/05/2010 9:08 AM |
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Wells Fargo is the one who wouldn't talk.
One of our little "home town" banks is the one who talked to me. I just happened to call when the President answered the phone who is the guy handling the delinquent account. They will be foreclosing the properties and the dues and fees on all the properties combined per year are less than the lawyer fees they will have to pay, and he is basically the one authorized to pay it. |
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KarenT
(Washington)
Posts:200
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| 08/05/2010 11:54 AM |
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Posted By LynetteB on 08/05/2010 9:08 AM
Wells Fargo is the one who wouldn't talk.
One of our little "home town" banks is the one who talked to me. I just happened to call when the President answered the phone who is the guy handling the delinquent account. They will be foreclosing the properties and the dues and fees on all the properties combined per year are less than the lawyer fees they will have to pay, and he is basically the one authorized to pay it.
I figured it was a large corporate bank. Wouldn't you know, Wells Fargo is the lender for this home and they have ignored anything we have sent them! I faxed to them all the lien documents and never rec'd a response ever! Really frustrating when the rest of us who pay our dues and special assessments subsidize those who sit on their behinds all day and do nothing!
Thanks! |
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KellyM3
(North Carolina)
Posts:358
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| 08/09/2010 7:22 PM |
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Let the attorney foreclose on the property according to your state laws. That will pull the resident out of hiding.
If she allows the property to reach the auction block, the HOA could lose money in lost legal fees but could gain a new resident who'll pay dues. Meanwhile, the responsible property owners who are current on dues will likely support you.
Following the legal process takes the homeowner/HOA president confrontations out of the mix, especially drunken fights.
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