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Set phasers on stun when dealing with HOA's

By
Real Estate Technology with http://www.medicalandspaconsulting.com

As the real estate environment continues to deteriorate, there is an alarming trend of HOA's making financially irresponsible maneuvers.  I have recently encountered several instances of HOA's rejecting lease terms - including monthly rent or duration.  I have seen them reject lease extensions.  These actions cause owners to become delinquent to the HOA assessments.

 

Even when a home is in foreclosure, they are suing to enforce a lien that is subordinate to the lender and there is not enough money to pay the lender. Why bother??  They are rejecting offers to bring a property current over a reasonable period of time and are not negotiating reasonable resolutions. All of this places a burden on complaint owners who now face a special assessment. 

Government's response has been to provide HOA more power and special rights such as in Florida where the HOA can stand in front of a superior lien holder and get paid BEFORE a lender for example. Assigned rents go to the HOA instead of the lender!! This is making the situation WORSE!  Many HOAs are run by idealistic individuals with too much time on their hands. 

Comments(3)

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Karen Crowson
Coldwell Banker Residential Brokerage - Rancho Bernardo, CA
Your Agent for Change

While I agree it doesn't always make sense, I had a situation where the HOA president wouldn't budge on releasing the lien. My buyer walked, and because the property was in a desireable area, the next buyer was willing to pay an additional 10K to bring the HOA's current for that unit.  It that case, I'd say the maneuver worked out well for the HOA as well as the existing owners as their coffers were replenished.

Nov 21, 2010 05:54 AM
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

That is good news but unfortunately it has been my experience that more often than not, the HOAs are killing deals by not negotiating on their liens...not to mention holding up viable sales.

Nov 21, 2010 06:24 PM
Bill Gassett
RE/MAX Executive Realty - Hopkinton, MA
Metrowest Massachusetts Real Estate

Paddy love the title of the post. Some of the people that get put in charge were probably former bankers:)

Dec 02, 2010 12:03 AM