9 Common HOA Violations And How To Avoid Them

The work was expensive and the townhouse never had the flooding problem in thirty years until the driveway dropped so low. Therefore, the cause of damage to my finished basement lies with the HOA. Due to failing to maintain their driveway they breached their contract with me.

The board can withdraw funds from its reserve, but reducing the reserve fund puts the association at risk in the event of an emergency. The board can impose a one-time special assessment, but it might have to do so again the following year. Providing state law and the association bylaws allow it, the board also can increase the annual fees in mid-year. Moving forward…my unit has massive damage caused by failed maintenance to the exterior.

So, you just moved into a homeowners association (HOA) – congratulations! Not only is your new home and neighborhood just right for your family’s needs, but the landscaping and common areas in your community are attractive and appealing. You even get to enjoy some great amenities – perhaps a fitness center, clubhouse or game room. Of course, it takes money for your community to remain beautiful and well maintained. And that’s why it’s necessary for every homeowner to pay association fees.

I also have a rotten fence out back surrounding a small area that is considered to be mine to maintain but I have no ownership in. Again, on the chart it shows replacement of the fence is on the HOA. Since the driveway dropped and water has poured underneath the garage and causing massive flooding in my basement, I had to hire contractors to try and repair my basement.

When the changed the agreement to read they would “repair” the driveway and fence, I refused to sign. I have been told by three contractors the driveway is beyond repairing, the base has eroded due to infiltration of water and cannot be repaired because the base under it needs to be replaced. You could not put a child or dog inside the fence and expect them not to push on a few pickets and escape. The money I placed in escrow would have covered the cost of the new driveway and new fence. It was my intention as soon as the driveway and fence were replaced to release the money, have the lien removed, sell and get the hell out of here.

Shared housing developments, like condos or subdivisions, may impose monthly fees on homeowners in the community called Homeowners Association Dues. These dues are usually payable monthly and are used to cover maintenance and management of common areas and facilities. Some unit owners may find themselves in financial trouble and stop paying their condo fees. The board must exercise its authority to collect money owed and can put a lien on units that are in arrears. In the meantime, one way or another, other unit owners are required to cover the shortfall to meet the association’s expenses.

With the economy booming now and real estate selling like hot cakes they are selling for prices like never before. These poor suckers that bought in and paid these ridiculous prices will soon learn the HOA does not perform the maintenance as per the contract. And, by that point they will be upside down in these properties. So, the foreclosure process will start again. They buy them up and turn them into rentals.

To cover these property maintenance expenses and repairs, homeowners associations collect fees or dues (monthly or yearly) from all community members. For a typical single-family home, HOA fees will cost homeowners around $200 to $300 per month. A homeowners association can’t force an owner to sell a home for not following the HOA rules. However, community associations can enforce the rules and initiate reasonable fines for violations.

We now have a high percentage of rentals. A few days ago they found someone dead in the swimming pool. I am holding my breath they do not find fault with the HOA for this death. Lawsuits and settlements are paid for by homeowners with special assessments.

Homeowners associations are made up of members of homeowners, as the name suggests, in a single neighborhood or condominium. Homeowners pay a monthly fee or yearly lump sum that goes directly to the homeowners association’s fund. This money is pooled and then distributed to cover any utility, maintenance, amenity, additions, and repairs in the neighborhood. Someone buying a unit in a condominium development is automatically a member of the homeowners association and required to pay regularly scheduled fees. Condo fees generally increase once a year, but a second increase could be allowed under certain circumstances.

And then maintenance provided multifamily properties were marketed to home buyers as a convenience. t work well in many condo and homeowners associations. You can have voluntary HOA for a townhouse community, but then each owner must do their own maintenance or arrange for someone else to do the work. The only solution is to dissolve/terminate the condo association and turn it into rental apartments. s happening with greater frequency in older condo associations ?

Many HOAs pay property managers to oversee maintenance and deal with other real estate–related property issues. HOA fees might also include insurance payments to cover common areas.

but there are always some condo owners who LOSE big when forced to sell their condo because a owners of a super majority of condos want to sell and/or turn them into apartments. s why condos are an even bigger risk than single family detached homes with an HOA. I understand you not wanting to leave your fly-in community with the hangar next door.

As I’ve observed for over thirteen years of living in an HOA the problem is not money it’s financial management. The board makes poor decisions on contractors and the work has to be redone over and over again. Thousands of dollars will be spend on a job that if done by a licensed skilled contractor would cost a few hundred dollars. They know nothing about strategic planning, construction projects, or business management. They hire some hot shot with a business card and a working phone number with CAI credentials to ‘manage’ the HOA for them.

What is association fee?

Homeowners Association Dues. Shared housing developments, like condos or subdivisions, may impose monthly fees on homeowners in the community called Homeowners Association Dues. These dues are usually payable monthly and are used to cover maintenance and management of common areas and facilities.

I highly recommend reading Neighbors At War The Creepy Case Against Your Homeowners Association by Ward Lucas. Shelly Marshall has some emails on Amazon called HOA Warrior and HOA Warrior II. Those would be good places to start. You might want to contact Shu Bartholomew at onthecommons dot net and try to become a guest on her HOA radio show. After hearing your story some of the experts that listen to the show might be able to offer you some help. I’ve had neighbors sell for losses of tens of thousands of dollars to get out.

  • To cover these property maintenance expenses and repairs, homeowners associations collect fees or dues (monthly or yearly) from all community members.
  • A homeowners association can’t force an owner to sell a home for not following the HOA rules.

How to Form a Homeowners’ Association

They want to destroy me financially, take my home, and leave me homeless because I exposed all the corruption of the HOA and the property manager. To me, it appears the judge is in on it. My attorney now agrees with me…it was never about the money.

The bylaws of individual homeowners associations should outline ways that the association can stay solvent. For example, the board can cut back on such services as landscaping or security.

Because Kansas allows me 12 months to stay in the property once it’s sold on the courthouse steps. The HOA has to pay the taxes, insurance, and HOA fees for that 12 months, not me. Have you ever heard the saying, “You can’t fix stupid? ” In the beginning my attorney thought this was all over the HOA wanting their dues. I told him this has nothing to do with money.

What Happens If Someone Doesn’t Pay HOA Fees?

However, if the board sets out to destroy you they will deny suspend your use of the air strip and leave you with no way to fly your aircraft without having your bank account held hostage. In addition, most states allow for HOAs to lien the property and foreclose on the lien. Many states have non-judicial foreclosure.

association dues

I withheld my dues because this was the third breach of contract I have dealt with. The HOA placed a lien for the dues and foreclosed on the lien. I put the amount owed into the escrow of my attorney as agreed in the mediation. The HOA was to replace the driveway and fence and I would have then released the money from escrow to them.

How are association dues calculated?

A homeowners association fee (HOA fee) is an amount of money that must be paid monthly by owners of certain types of residential properties, and HOAs collect these fees to assist with maintaining and improving properties in the association.

Many have walked away and let them foreclose. The foreclosures are not figured into the comps.

association dues

They are talked into million dollar loans, spending money to “spiff” up the community while letting the maintenance of the properties fall to dilapidated levels. So, the entrance looks fancy, the clubhouse looks like the Taj Mahal, the pools are pristine, flower beds are visible BUT the townhouses and homes look like shanty town. The property manager smiles all the way to the bank because the stupidity of the board members are allowing them to pay him $400K year and a 10% finder’s fee on a $1M loan. Leaving the HOA/homeowners in massive debt, rotting frames on their units, and dictators as board members.

What Is a Homeowners Association Fee?

If a homeowner doesn’t pay fines, late fees can pile up and an HOA can put a lien against the home (even if it has a mortgage) and foreclose on the lien, too. Here’s the kicker…this all started because the HOA refused to replace the driveway to my home that had dropped below the garage floor. This drop was so severe I had to use four wheel drive to get in my garage. I do not own the driveway, the HOA does.

Homeowners associations are created under state laws; in California, condos are governed by the Davis-Stirling Common Interest Development Act. When you’re on the hunt for a new place, you’ll notice that some homes are in a community with a homeowners association, or HOA. Some folks think of HOAs as over-reaching neighborhood patrols, while others believe the rules protect and enhance property values.

I refused to pay dues into this corrupt organization after paying for several years and seeing nothing done and incurring damages to the interior of my unit. It’s been a living hell for over thirteen years! They were not allowed to drive the trucks to her home they had to walk so as to not raise suspicion. However, none of this will be known now because the judge denied me a trial, an affirmative defense, and awarded the HOA summary judgement to foreclose and take my mortgage free townhouse.