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Delinquent HOA Dues and Short Sales! Let's stop these HOA companies from killing our deals!

By
Real Estate Agent with Prudential California Realty

HOA companies aren't necessarily the most caring people to work with when doing a Short Sale. Delinquent HOA dues, Upfront Fees, and Transfer Fees are things that need to be paid before closing a Short Sale. Most times, banks will not pay for the delinquent HOA dues nor will they pay for the HOA doc fees. Most of the time, however, they will pay the $100-$300 transfer fee. Most HOA companies in California are governed by the State Dept. and when the dues become delinquent, the account is transferred to a collection agency. Most companies in Northern CA transfer the account to a collection company called Allied Trustee Services, who handle the collection of the unpaid dues. On top of the dues and late fees associated with the accounts, Allied Trustee Services also charges their own fees which add on approx. $1,000-$3,000 dollars to the amount originally delinquent. This makes everything a lot more complicated and not only is it a pain to have to go back and forth when negotiating the amount to settle the dues, it is also very difficult to come to a settlement with these companies because right off the bat, they say they are unwilling to accept settlements. I believe we as CA Realtors, should start a class action suit against these HOA companies and try to get something signed into law in order to prevent these companies from adding more burden to the already distressed Short Sale properties.

Comments(4)

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Pat Champion
John Roberts Realty - Eustis, FL
Call the "CHAMPION" for all your real estate needs

Sounds like something could be done-if not handled how will they get a new owner so the fees can start being paid again.

Jun 01, 2009 07:59 AM
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F

Don't you just love short sales?  Start negotiating with the HOA as early in the process as you can.

Jun 02, 2009 02:43 AM
Melissa Zavala
Broadpoint Properties - Escondido, CA
Broker, Escondido Real Estate, San Diego County

In So Cal we have seen a lot of delinquent HOA becoming liens against the property that the banks do not want to pay. Once the lien is filed, the costs owed become excessive and this (as you state in your blog) makes the short sale so much more fun ;-)

Jun 02, 2009 03:30 PM
Kimberly Dotseth
Blend Real Estate, broker/owner - San Diego, CA
Try Our "Cancel Anytime" Listing!

I would NEVER take a short sale listing on a condo. Period. The HOA management companies are so out of hand with excessive fees for just about everything and the liens won't be paid by the new buyer, the seller or the bank. So it's a real mess.  An HOA killed a deal for me two weeks ago and it was a full equity sale! My seller owns the property free and clear. But the HOA (deliberately? it felt like it) filled out a hideous condo cert, then explained why they scribbled a bunch of notes in the margin..."to protect themselves."

Meanwhile, their notes were highly subjective and the lender bailed. And the buyer bailed. I can only imagine if it had been a short sale. There are too many stories about runaway HOA management companies being horrible during escrow. Good riddance to them I wish!

Jun 03, 2009 09:52 AM