HOA issue

Fluffyserama said:

The HOA cannot put a tax lean against our house if we don't pay the fines

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Are you sure they can't put a lean. is it specifically codified in that they won't in your HoA agreement?

Because I guarantee you that in most states in US that they can in fact get a judgement against you quite easily for not paying fines and failing to uphold your end of the housing agreement contract and then file a lien against the property once the judgement is issued... It's actually quite easy and cheap to get a lien against a properly when you have proof the property owner owes a debt...

Or course the laws will vary by state on how easy or hard it is to file a lien for fines, and in almost all cases if they can't get a lien they can easily get a judgment against you and destroy your credit...

And worse in some states HoA actually have the ability to start a foreclosure proceeding once a lien is filed, even if there is an existing mortgage on the building... And in some states the HoA can also move to evict you from your own home and take temporary ownership of the home and rent it out until the debt is paid, and then the original home owner can motion a court to return ownership to them once the debt is paid if they choose...

Fact is if you pick a fight with a HoA that wants or chooses to make a point and pursue you it can get beyond ugly many times...

MeepBeep said:

Are you sure they can't put a lean. is it specifically codified in that they won't in your HoA agreement?

Because I guarantee you that in the US that they can in fact get a judgement against you quite easily for not paying fines and failing to uphold your end of the housing agreement contract and then file a lien against the property once the judgement is issued... It's actually quite easy and cheap to get a lien against a properly when you have proof the property owner owes a debt...

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it's easy to put a lien after a judgement by the court but collecting the $$ is another issue on its own due to homestead exception. the homestead exception can be varies from State to State. Remember OJ Simpson moved to Florida?

Steve

For trash can compliance the HOA waved all rights to fines collected. The way I understand it is that the HOA instated the rule but gave all enforcement and rights to fines to the trash company. The trash company can come after you but they are not swayed by neighborhood politics and from what the neighbors have said they just send you to collections if you don't pay. We have hundreds of houses in our HOA so the garbage men that come out only service our neighborhood on garbage days and they ding you for everything! 2$ for wrong side of drive way 2$ if lid is not fully secured 2$ If can is not fully facing the street, 2$ if can is backwards. The HOA only says what side of the drive way, the rest of it is ALL the trash company.

Gosanke said:

it's easy to put a lien after a judgement by the court but collecting the $$ is another issue on its own due to homestead exception.  the homestead exception can be varies from State to State.

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Homestead exemptions are very limited and in most cases only apply when you file bankruptcy and/or prevent the forced sale of the property to pay a debt or judgment... A lien can still be attached to the property and can usually be collected when the house is sold or when the person passes...

Remember OJ Simpson moved to Florida?

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Yes, he moved their after they seized his California house and vast majority of his personal items... And although the then in place FL homestead laws protected his FL home from the civil judgment in California at the time, multiple new liens were filed against the FL house since then and his home was foreclosed on and sold at auction, he is now homeless beyond his jail cell...

MeepBeep said:

Homestead exemptions are very limited and in most cases only apply when you file bankruptcy and/or prevent the forced sale of the property to pay a debt or judgment... A lien can still be attached to the property and can usually be collected when the house is sold or when the person passes...
Yes, he moved their after they seized his California house and vast majority of his personal items... And although the then in place FL homestead laws protected his FL home from the civil judgment in California at the time, multiple new liens were filed against the FL house since then and his home was foreclosed on and sold at auction, he is now homeless beyond his jail cell...

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in CA, the lien last 10 yrs even with property changes hands and can't touch the fixed amount set side by homestead laws if the house is a primary residence.

OJ's FL home went into foreclosure after OJ failed to pay his mortgage while sitting in Nevada jail. It's totally a different thing.

Steve

Gosanke said:

in CA, the lien last 10 yrs even with property changes hands and  can't touch the fixed amount set side by homestead laws if the house is a primary residence.

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Said lien can also be renewed every 5 years in CA with interest so they can theoretically last forever, and the homestead protection in California is only applicable against preventing a forced sale to satisfy the liens, it doesn't absolve the liens that remain attached to the property many times even through bankruptcy... So yeah if you plan to live there forever and never sell the house, never refinance, never take out a 2nd mortgage or home equity loan that the bank will consider high risk since it's now behind the earlier lien, maybe the lien doesn't come into play until you are dead, but personally I find that to be an unrealistic outcome over a fight to keep a chicken coop...

As for OJ's home in FL multiple liens were filed against it prior to the official foreclosure, and OJ actually paid those liens of prior to the foreclose, if he had not paid the liens the homestead laws in FL would have only prevented the forced sale of the house to pay the liens, it would not have invalidated the liens once the property was foreclosed upon if there was enough equity to satisfy the liens they would still be due and if there was not enough equity the liens were likely transferred to the new owner of the property...

In either case as I said if the HoA chooses they can create quite a nightmare for you in the long run over this, will they do it, who knows, but depending upon the rules they establish they might be able to do much easier things to make you 'pay' like invalidate any 'perks' the association offers the residents... For example I had a family member that lost their lake rights due to having an outstanding fine, maybe not a big deal to many but he had a boat and was no longer able to use the free launch and piers in his neighborhood until he paid the fine in full with interest, he was also refused the parking permit for the beach/lake access parking and lost his rights to use the community pool and convention building, all over a single unpaid fine... Needless to the HoA won out and he paid the fine in the end...

Gosanke said:

This is the exact wordings in the CC&R:

an owner may keep two dogs, cats or other customarily uncage households pets within his lot. each owner may also maintain a reasonable number of small cage animals, birds or fish. the rules may increase the number or type of animals which may be kept. the board shall specifically have the right to prohibit the maintenance of any pet which, after notice and hearing, is found to be a nuisance to other owners.


As far as I know, it doesn't appear that hoa management is aware of such article in the CC&R. the letter is kinda bullying.

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it's pretty clear

the thing with CC&R is they can change and add things

your CC&R is pretty clear

best way is to work with the neighbor and see if you can work something out..