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I can't speak for all HOAs but was on the board of mine (specifically to work on getting out of a neighborhood media agreement). The only time we did the lien p
by jsgo 7y ago
I can't speak for all HOAs but was on the board of mine (specifically to work on getting out of a neighborhood media agreement). The only time we did the lien process was after they had went above an arbitrary $1500 deficit in HOA dues and there was no special circumstances in place that they had done so (there was one couple whose daughter was in and out of the hospital for a year, so we had the property manager work with them after the medical bills settled down on a reduced rate until they could get caught back up).
The HOA dues at the time were about $115 (the previously mentioned media agreement and neighborhood package was a major amount of it) so it wasn't because a month was missed (no one enjoyed invoking the lien process anyway as it incurs cost to the HOA as well). But as soon as the lien happens (after three letters saying the next step is lien), those who became delinquent started paying HOA dues (at least temporarily).
Now that we got out of the agreement and were able to get the HOA dues down to $25 (common area maintenance and insurance), I got off the board. I will say I've heard of some outright predatory HOAs that seemingly have it out for some homeowners, but liens as far as I'm aware are (second to) last resorts when you can't engage a homeowner to come into compliance. I hated paying for the media package too (internet and TV was garbage with them the last couple of years), but at the end of the day, the builder instituted that before any of us came into the neighborhood and all of those agreements were known to us before moving in so as trash as it is, we had to pay it.
- JoshTriplett 7y agoMy point was that there's typically no way to get out of an HOA. Yes, I'm sure that better-behaved HOAs take many steps to "engage a homeowner to come into compliance" before escalating further, but that doesn't in any way change the original point. It's not uncommon for all the available homes within a broad area (e.g. all those within walking distance of an employer) to have an HOA, making "just don't get a house with an HOA" not a viable option. I'd love to have a "buyout" option.
- toast0 7y agoThe best way to get out of an HOA is through a property tax auction. The government usually gets property free and clear of all obligations, and sells it in that state. It's difficult and risky to push your property into a tax auction just to clear the HOA though. :)
- jsgo 7y agoOh man, the media agreement had us looking at every napalm earth option with things like "if we disbanded the HOA, then what?" (because the language says "Community Name and successors," it'd have been a net loss to disband as anything we did to attempt to get out was as a group vs as individuals including the liability protections that a LLC can provide vs various individuals). It's kind of crazy how ingrained it has become as a concept. In our town, supposedly (second hand info so grain of salt), one of the neighborhoods that sprung up without a HOA was pretty bad from the onset with poor maintenance on various houses (to the point of cardboard over broken glass windows) and the town somehow passed a requirement that all new developments belong to a HOA. Not sure the veracity of that (though I can confirm the spottiness of the neighborhood in question because they're adjacent from ours), but unfortunately it seems things are going more towards everything HOA route (outside of maybe buy a bunch of land on the outskirts of town and build a house. Which good luck with high speed internet and the like unless you're willing to pay to get them to install in your area). I see pros and cons to HOAs, though even while the one I'm in isn't bad, I still am not a fan of them generally.