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(Orlando Sentinel)   New law lets HOA foreclose on house immediately if you miss a payment. Bonus: you can't legally challenge whether you actually owe the money   (orlandosentinel.com) divider line 192
    More: Florida, New Laws, HOA, De Land, secret ballots, homeowners associations, payments  
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16270 clicks; posted to Main » on 13 Feb 2013 at 12:55 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-02-13 12:02:17 AM
It's not a law yet, Subby. Didn't you watch Schoolhouse Rock?
 
2013-02-13 12:23:05 AM
That would never be abused.
 
2013-02-13 12:29:37 AM
About time we had another "HOA's suck" thread, I was about to email the mods.
 
2013-02-13 12:57:48 AM
You can still kick in the HOA president's front door and rape his family as a sign of protest, right?
 
2013-02-13 12:59:42 AM
OK.

Foreclose on 7 or 8 houses because they owe you each less than a thousand dollars in back dues. You win, the families move out, and nobody else can afford to buy the homes and move in. So now your neighborhood is half-empty and now nobody is paying dues.

I think I may have spotted the flaw in your brilliant plan, but you just go ahead and start foreclosing you geniuses you.
 
2013-02-13 01:01:23 AM
HOA threads are a breath of fresh air after 3 months of gun threads.

Flame away, kids.
 
2013-02-13 01:02:02 AM
Well it's a good thing that Giant Death Bulldozers are still legal.

/They can only push a man so far.
 
2013-02-13 01:03:44 AM
So they can take away your house for unpaid HOA fees even if you're current on your mortgage?? How the flying f*ck does that work?
 
2013-02-13 01:05:09 AM
This just in...Florida is a shiathole.
 
2013-02-13 01:05:17 AM
I have no problem with HOAs.  If you're dumb enough to sign up for one, you deserve what you get.
 
2013-02-13 01:05:35 AM
Do CC&Rs for the county HOAs require 3 dead Chevy's and 6 live chickens, or is it the other way around?
 
2013-02-13 01:06:20 AM
"HOAs suck donkey balls", says Ric Romero. Details at 11.
 
2013-02-13 01:07:58 AM

Incontinent_dog_and_monkey_rodeo: I have no problem with HOAs.  If you're dumb enough to sign up for one, you deserve what you get.


As someone who has never owned a house before.. How limited do your options get in your average suburban area if HOA's are an automatic "fark that" as you're looking for a place?  Are they pretty ubiquitous?
 
2013-02-13 01:08:32 AM

fusillade762: So they can take away your house for unpaid HOA fees even if you're current on your mortgage?? How the flying f*ck does that work?


'Cuz freedom, that's why. Its what the brave sons and daughters in the greatest gosh darn military the world has ever seen fought and died for.
 
2013-02-13 01:09:23 AM
Why would anyone be willing to deal with an HOA?
 
2013-02-13 01:09:41 AM

GleeUnit: Incontinent_dog_and_monkey_rodeo: I have no problem with HOAs.  If you're dumb enough to sign up for one, you deserve what you get.

As someone who has never owned a house before.. How limited do your options get in your average suburban area if HOA's are an automatic "fark that" as you're looking for a place?  Are they pretty ubiquitous?


According to  http://gawker.com/5830257/the-horror-of-homeowners-associations , 80% of new homes are in a homeowner's association.
 
2013-02-13 01:10:27 AM
So if I'm understanding that correctly, they're also throwing out due process for people serving on HOA boards, since you could be removed from your post for even being CHARGED with a felony related to HOA business.
 
2013-02-13 01:11:46 AM
Sorry, I'm a dumbass about HOAs.  If I want to buy a house and I have the money and it's what the current owner is willing to sell for... how does the HOA have anything to say about it?  Why is an HOA agreement required for me to buy the house?  What's the dang deal?
 
2013-02-13 01:12:12 AM

fusillade762: So they can take away your house for unpaid HOA fees even if you're current on your mortgage?? How the flying f*ck does that work?


the unpaid dues are awarded as a judgement to the HOA and against you. the HOA sells the property to satisfy the judgement. some states have laws that protect your primary residence. it seems FL doesn't.
 
2013-02-13 01:15:25 AM
"under proposed legislation" hello
 
2013-02-13 01:15:36 AM
"My purpose in sponsoring the bill is to try to establish more fairness in the homeowner-association community and try to have a better balance between the residents and the developers," he said.

Because nothing says "balance" like being able to foreclose on a $300,000 house for $2,000 in fees to some group that isn't even doing its job anymore due to "budget woes". Nothing says "balance" like making someone pay in advance to challenge a claim that they owe money in the first place. Finally nothing says "balance" like the attitude that if you hire an attorney to defend yourself against these claims, it means that you had the money all along and are just trying to screw them, but they get to keep a lawyer on retainer to sue YOU with full time.


I don't think this cock understands the concept of "balance". Either that, or he thinks he can keep pissing on these people's heads and tell them it's raining. There is no reason to join an HOA, and it's not really surprising that people have resorted to violence at these meetings. A bunch of Napoleons who get excited at lording over homeowners and screwing them out of their houses? Yeah, that's going to end well.
 
2013-02-13 01:15:50 AM
This is one of those rare happy circumstances in which I don't care which side loses.
 
2013-02-13 01:19:16 AM

super_grass: HOA threads are a breath of fresh air after 3 months of gun threads.

Flame away, kids.


I want to see enforcement of this come up against someone excising castle doctrine.
 
2013-02-13 01:21:06 AM

Gyrfalcon: OK.

Foreclose on 7 or 8 houses because they owe you each less than a thousand dollars in back dues. You win, the families move out, and nobody else can afford to buy the homes and move in. So now your neighborhood is half-empty and now nobody is paying dues.

I think I may have spotted the flaw in your brilliant plan, but you just go ahead and start foreclosing you geniuses you.


If you think they won't cut off their nose to spite their face; you've got another thing coming.

/ They'll use this to evict people they don't like
 
2013-02-13 01:22:33 AM

Aquapope: Sorry, I'm a dumbass about HOAs.  If I want to buy a house and I have the money and it's what the current owner is willing to sell for... how does the HOA have anything to say about it?  Why is an HOA agreement required for me to buy the house?  What's the dang deal?


It's usually on the deed.
 
2013-02-13 01:22:34 AM
Those campgrounds suck anyway.
 
2013-02-13 01:23:05 AM
First off a HOA should never be allowed to foreclose over dues they should send them to collections.   secondly this bill is a very had idea.

Thirdly i have a feeling the author of this bill is president or an officer in an HOA.
 
2013-02-13 01:23:15 AM

Gyrfalcon: OK.

Foreclose on 7 or 8 houses because they owe you each less than a thousand dollars in back dues. You win, the families move out, and nobody else can afford to buy the homes and move in. So now your neighborhood is half-empty and now nobody is paying dues.

I think I may have spotted the flaw in your brilliant plan, but you just go ahead and start foreclosing you geniuses you.


home.earthlink.net

Set the neighborhood on fire?
 
2013-02-13 01:24:45 AM

grimlock1972: First off a HOA should never be allowed to foreclose over dues they should send them to collections.   secondly this bill is a very had idea.

Thirdly i have a feeling the author of this bill is president or an officer in an HOA.


Or a republican.
 
2013-02-13 01:27:30 AM

Yogimus: You can still kick in the HOA president's front door and rape his family as a sign of protest, right?


As long as you post a rambling manifesto to Facebook threatening to use asymmetric warfare to rid the world of the HOA members and their families first.
 
2013-02-13 01:27:51 AM

FizixJunkee: GleeUnit: Incontinent_dog_and_monkey_rodeo: I have no problem with HOAs.  If you're dumb enough to sign up for one, you deserve what you get.

As someone who has never owned a house before.. How limited do your options get in your average suburban area if HOA's are an automatic "fark that" as you're looking for a place?  Are they pretty ubiquitous?

According to  http://gawker.com/5830257/the-horror-of-homeowners-associations , 80% of new homes are in a homeowner's association.


Solution: don't buy a new home.

Benefit: your home might actually be built well.
 
2013-02-13 01:28:40 AM

Mikey1969: "My purpose in sponsoring the bill is to try to establish more fairness in the homeowner-association community and try to have a better balance between the residents and the developers," he said.

Because nothing says "balance" like being able to foreclose on a $300,000 house for $2,000 in fees to some group that isn't even doing its job anymore due to "budget woes". Nothing says "balance" like making someone pay in advance to challenge a claim that they owe money in the first place. Finally nothing says "balance" like the attitude that if you hire an attorney to defend yourself against these claims, it means that you had the money all along and are just trying to screw them, but they get to keep a lawyer on retainer to sue YOU with full time.



Sounds familiar...

IRS?
 
2013-02-13 01:30:29 AM

Gyrfalcon: OK.

Foreclose on 7 or 8 houses because they owe you each less than a thousand dollars in back dues. You win, the families move out, and nobody else can afford to buy the homes and move in. So now your neighborhood is half-empty and now nobody is paying dues.

I think I may have spotted the flaw in your brilliant plan, but you just go ahead and start foreclosing you geniuses you.


Right, it would be much better to let deadbeats persist months/years at other's expense, racking up an increasing arrearage while the association limps along trying to keep the property from deteriorating and to meet its expenses, rather than forcing the owners to either perform on their obligations or get out and let in some people who can actually pay their bills.  At least the property will likely be bought by somebody who can afford it, and if not, the association will be no worse off since the departees weren't paying anyway.
 
2013-02-13 01:30:48 AM

DarthBart: Aquapope: Sorry, I'm a dumbass about HOAs. If I want to buy a house and I have the money and it's what the current owner is willing to sell for... how does the HOA have anything to say about it? Why is an HOA agreement required for me to buy the house? What's the dang deal?

It's usually on the deed.


Ok, but why?  The seller shouldn't care anymore, they're selling.  So how does it get on a deed, a doc that pretty much only describes a property and defines ownership.  And if, as the buyer, I say "Take that shiat off the deed!" who do I say it to?  Who has authority to remove it (or modify it, for that matter)?  Are these deed codicils sunshined or is that property under HOA influence forever?   Is it a civil contract kind of thing, in which case it shouldn't involve anybody but the seller and buyer, or is the city/county somehow involved?  What the hell?  I want that house and I don't want HOA stinking up the place!  So why can't that happen?
 
2013-02-13 01:33:30 AM
And once again I say, if you live in a HOA property you are giving up what few rights property owners otherwise might have.

Might as well just rent, because you control zilch. And if you don't control, you don't own.

Enjoy your privatized government hell. I'd rather live in the ghetto (and I have) than a HOA community. At least when you are at the corner of The and Hood you know what's up.
 
2013-02-13 01:34:30 AM

GleeUnit: Incontinent_dog_and_monkey_rodeo: I have no problem with HOAs.  If you're dumb enough to sign up for one, you deserve what you get.

As someone who has never owned a house before.. How limited do your options get in your average suburban area if HOA's are an automatic "fark that" as you're looking for a place?  Are they pretty ubiquitous?


Depends on where you are. Seems that, in places like Floriduh, it's nearly impossible to find a house in a livable neighborhood without one. Here in Oklahoma, HOA's are the exception, and it's easy to find one without.
 
2013-02-13 01:39:20 AM

Mikey1969: "My purpose in sponsoring the bill is to try to establish more fairness in the homeowner-association community and try to have a better balance between the residents and the developers," he said.

Because nothing says "balance" like being able to foreclose on a $300,000 house for $2,000 in fees to some group that isn't even doing its job anymore due to "budget woes". Nothing says "balance" like making someone pay in advance to challenge a claim that they owe money in the first place. Finally nothing says "balance" like the attitude that if you hire an attorney to defend yourself against these claims, it means that you had the money all along and are just trying to screw them, but they get to keep a lawyer on retainer to sue YOU with full time.


I don't think this cock understands the concept of "balance". Either that, or he thinks he can keep pissing on these people's heads and tell them it's raining. There is no reason to join an HOA, and it's not really surprising that people have resorted to violence at these meetings. A bunch of Napoleons who get excited at lording over homeowners and screwing them out of their houses? Yeah, that's going to end well.


Here's an even better bit of 'balance' for you:

Fight an HOA and win a settlement from them? They raise YOUR rates to pay YOU the settlement. Nothing ever really comes from THEIR pockets. How's that for 'balance'?

/even the most benign HOA is only ever one election away from having a 'busybody with too much time' in charge
//too bad that many areas now require an HOA before they'll give development approval to a builder
 
2013-02-13 01:39:34 AM

Curious: fusillade762: Some states have laws that protect your primary residence. it seems FL doesn't.


I thought that was covered in the state constitutional ammendments, unless I read that wrong.  Ammendment X Section 4.
 http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Sub men u=3&Tab=statutes&CFID=241755126&CFTOKEN=32602505#A10S04

/IANAL
 
2013-02-13 01:40:27 AM

lokis_mentor: Curious: fusillade762: Some states have laws that protect your primary residence. it seems FL doesn't.

I thought that was covered in the state constitutional ammendments, unless I read that wrong.   Article X Section 4.
 http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Sub men u=3&Tab=statutes&CFID=241755126&CFTOKEN=32602505#A10S04

/IANAL


//FTFM
 
2013-02-13 01:49:29 AM
In theory, I'm against this.

In reality, I've been stuck running a 13 unit Condo building with assessments. And I understand the premise.

I had one unit that has been a thorn in my ass for years. She played the game all that time. While I spent hours of my personal time with lawyers, she was killing time and I had to deal with other unit owners complaining about her unit reaking of weed 24/7.

I've had to Sic attorney's on her twice in the last 18 months. Once went as far as where we evicted her, changed her locks and kicked her out. She "magically" came up with $4500 in back payments within 24 hours. In the six months before, I supervised the Gas and Electric company turning off her service because she was more than $1K overdue.

She was the rule. The exception to the rule are those that might miss a payment or two between a situation. But she was more than happy to play our building for years. She bought a brand new VW SUV, which she had for month before it was repossessed, then had a cab pick her up every morning for work while the rest of us walked to the train.

I think alot of these rules are crap. But when someone eventually buys her unit, in addition to taking our property values, the building will only re-coup six-months of back assesments. We're eating the cost of the thousands of dollars we spent to evict her previously.

Life's a game. She played it well and my hard-working neighbors and I are left footing the costs.
 
2013-02-13 01:49:33 AM
Couldn't they settle these disputes in a more Florida-esque fashion?  Like maybe repurpose the Citrus Bowl for this?

pics.imcdb.org
 
2013-02-13 01:53:00 AM
No one forced anyone to buy a house that has an HOA.  The homeowners have gotten exactly what they asked for.
 
2013-02-13 01:53:12 AM

DigitalCoffee: Mikey1969: "My purpose in sponsoring the bill is to try to establish more fairness in the homeowner-association community and try to have a better balance between the residents and the developers," he said.

Because nothing says "balance" like being able to foreclose on a $300,000 house for $2,000 in fees to some group that isn't even doing its job anymore due to "budget woes". Nothing says "balance" like making someone pay in advance to challenge a claim that they owe money in the first place. Finally nothing says "balance" like the attitude that if you hire an attorney to defend yourself against these claims, it means that you had the money all along and are just trying to screw them, but they get to keep a lawyer on retainer to sue YOU with full time.


I don't think this cock understands the concept of "balance". Either that, or he thinks he can keep pissing on these people's heads and tell them it's raining. There is no reason to join an HOA, and it's not really surprising that people have resorted to violence at these meetings. A bunch of Napoleons who get excited at lording over homeowners and screwing them out of their houses? Yeah, that's going to end well.

Here's an even better bit of 'balance' for you:

Fight an HOA and win a settlement from them? They raise YOUR rates to pay YOU the settlement. Nothing ever really comes from THEIR pockets. How's that for 'balance'?

/even the most benign HOA is only ever one election away from having a 'busybody with too much time' in charge
//too bad that many areas now require an HOA before they'll give development approval to a builder


Got the perfect "busybody" example... My wife used to work with a guy that was Chair of his HOA. One weekend, a family was out of town and asked some neighbors to check the place out each night, turn on some lights, shiat like that. These people left the lights on one night, and having your porch light on during the day was apparently a violation. This dude was walking on air that day because as it turns out, the people who were checking on the house were members, so he was excited to levy this fine TWICE. He just thought it was slick as shiat that he got to stick to families with this bullshiat fine. This was totally the dude that would measure your lawn or cite you because your dog was too large, as if it were an apartment complex.
 
2013-02-13 01:54:30 AM

Yogimus: grimlock1972: First off a HOA should never be allowed to foreclose over dues they should send them to collections.   secondly this bill is a very had idea.

Thirdly i have a feeling the author of this bill is president or an officer in an HOA.

Or a republican.


LOL! Political humor, gets me every time
 
2013-02-13 01:54:47 AM

Mikey1969: DigitalCoffee: Mikey1969: "My purpose in sponsoring the bill is to try to establish more fairness in the homeowner-association community and try to have a better balance between the residents and the developers," he said.

Because nothing says "balance" like being able to foreclose on a $300,000 house for $2,000 in fees to some group that isn't even doing its job anymore due to "budget woes". Nothing says "balance" like making someone pay in advance to challenge a claim that they owe money in the first place. Finally nothing says "balance" like the attitude that if you hire an attorney to defend yourself against these claims, it means that you had the money all along and are just trying to screw them, but they get to keep a lawyer on retainer to sue YOU with full time.


I don't think this cock understands the concept of "balance". Either that, or he thinks he can keep pissing on these people's heads and tell them it's raining. There is no reason to join an HOA, and it's not really surprising that people have resorted to violence at these meetings. A bunch of Napoleons who get excited at lording over homeowners and screwing them out of their houses? Yeah, that's going to end well.

Here's an even better bit of 'balance' for you:

Fight an HOA and win a settlement from them? They raise YOUR rates to pay YOU the settlement. Nothing ever really comes from THEIR pockets. How's that for 'balance'?

/even the most benign HOA is only ever one election away from having a 'busybody with too much time' in charge
//too bad that many areas now require an HOA before they'll give development approval to a builder

Got the perfect "busybody" example... My wife used to work with a guy that was Chair of his HOA. One weekend, a family was out of town and asked some neighbors to check the place out each night, turn on some lights, shiat like that. These people left the lights on one night, and having your porch light on during the day was apparently a violation. This dude was walking ...


That is also the dude that gets his door knocked on at 4 in the morning, to discuss the finer parts of the HOA contract.
 
2013-02-13 01:55:14 AM

Sum Guye: Why would anyone be willing to deal with an HOA?


Because sometimes it's next to impossible to find a nice house in a nice neighborhood without one. Believe me, it's one of our top criteria for a home when we start looking.
 
2013-02-13 02:00:06 AM
Then again you could always bankrupt them with an OBAMA sign that was 4" over regulation height their own stupidity:

http://www.kansas.com/2013/02/10/2670545/homeowners-association-spat -b rings.html
 
2013-02-13 02:01:30 AM
This is a pure shiat deal in all ways. You protest the HOA and the only recourse you have is to pay the dues fully before you are able to file a lawsuit against them. So it means if I protest against your communist tactics, I have to pay to be able to keep you from foreclosing on my home because I am protesting against your communist tactics..yeah.....let's see how this one plays out.
 
2013-02-13 02:01:35 AM

fusillade762: So they can take away your house for unpaid HOA fees even if you're current on your mortgage?? How the flying f*ck does that work?


Same as property taxes.
 
2013-02-13 02:03:17 AM

GleeUnit: Incontinent_dog_and_monkey_rodeo: I have no problem with HOAs.  If you're dumb enough to sign up for one, you deserve what you get.

As someone who has never owned a house before.. How limited do your options get in your average suburban area if HOA's are an automatic "fark that" as you're looking for a place?  Are they pretty ubiquitous?


Ask your local real estate agent.  All you'll get here is speculation.
 
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