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The article mentions gated communities... that means there's an HOA right? Are these absentee landlords just ignoring the fines? Would there be any consequence

The article mentions gated communities... that means there's an HOA right? Are these absentee landlords just ignoring the fines? Would there be any consequence of ignoring an HOA fine? I'm not a homeowner so my knowledge of HOAs and their role is very limited.

astura 9y ago
I don't know if gated communities have an HOA by definition but if you don't pay money you owe to your HOA depending on laws of the state and HOA agreements, they could put a lien on your property as well. However, it's possible to have an HOA that just doesn't give a shit and does no enforcing. It's already illegal to not do certain maintenance on your house (blight, etc.) especially if you have tenants living there. (tenant protection laws) So enforcement is the key.
- emodendroket 9y ago
  > I don't know if gated communities have an HOA by definition Almost every new/private development (as opposed to houses built along public roads or something) has one. That's how the resources to build up the common area are marshaled.
  - astura 9y ago
    Yeah, I know. I think of the definition of "gated community" as a little squishy so I wasn't sure of absolutes. Now that I think about it more though, the "gate" part pretty much necessitates private roads as public roads would be open to the public. Kinda feel silly, "public" is in the name.
nradov 9y ago
HOAs essentially operate similar to governments in that regard. The HOA can fine owners for failing to comply with community rules, place a lien on the property if they don't pay, and eventually get a court judgment to foreclose on the property and sell it to pay the debt. But that process typically takes years. And it's a huge hassle and expense for the HOA, so most will let things slide for a long time before taking the nuclear option.
- ghostbrainalpha 9y ago
  You are exactly right, but I will add those fines eventually DO get paid. The HOA bill keeps increasing until it could be tens of thousands of dollars. When the landlord eventually sells the property the HOA is then able to get payment from the new buyer before the former owner receives the funds. Since legal action is so expensive, this is almost always how the HOA eventually gets their money. Of course if the bill goes over 30k, then it might be worth their time to go through litigation to get their money.
emodendroket 9y ago
An HOA can eventually put a lien on your home and repossess it if you fail to pay their fines.

astura 9y ago

I don't know if gated communities have an HOA by definition but if you don't pay money you owe to your HOA depending on laws of the state and HOA agreements, they could put a lien on your property as well. However, it's possible to have an HOA that just doesn't give a shit and does no enforcing. It's already illegal to not do certain maintenance on your house (blight, etc.) especially if you have tenants living there. (tenant protection laws) So enforcement is the key.

emodendroket 9y ago
> I don't know if gated communities have an HOA by definition Almost every new/private development (as opposed to houses built along public roads or something) has one. That's how the resources to build up the common area are marshaled.
- astura 9y ago
  Yeah, I know. I think of the definition of "gated community" as a little squishy so I wasn't sure of absolutes. Now that I think about it more though, the "gate" part pretty much necessitates private roads as public roads would be open to the public. Kinda feel silly, "public" is in the name.

nradov 9y ago

HOAs essentially operate similar to governments in that regard. The HOA can fine owners for failing to comply with community rules, place a lien on the property if they don't pay, and eventually get a court judgment to foreclose on the property and sell it to pay the debt. But that process typically takes years. And it's a huge hassle and expense for the HOA, so most will let things slide for a long time before taking the nuclear option.

ghostbrainalpha 9y ago
You are exactly right, but I will add those fines eventually DO get paid. The HOA bill keeps increasing until it could be tens of thousands of dollars. When the landlord eventually sells the property the HOA is then able to get payment from the new buyer before the former owner receives the funds. Since legal action is so expensive, this is almost always how the HOA eventually gets their money. Of course if the bill goes over 30k, then it might be worth their time to go through litigation to get their money.

emodendroket 9y ago

An HOA can eventually put a lien on your home and repossess it if you fail to pay their fines.