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Homeowners Association can be a hardship to short sale your home

By
Real Estate Broker/Owner with BKG - Brokerage Atlanta GA - 315107

Lawrenceville, Georgia Short Sale, 2ShortSaleGuys, Nakia Brooks, Bill Bythewood

Friday we will closed a short sale transaction for a client that is a lot different than most transactions we see.  When this client first came to us, he was only a month behind but he was a month behind because he told us that he was being fined daily by his homeowners association.  I asked what for and his response was “you name it” and boy was he not kidding. 

This client purchased this home as part of the American Dream, he wanted to have financial stability and own real estate.  He purchased the home with the intent to rent the property and make a profit.  Approximately one year after he purchased the home, the homeowners association changed the rules that you could not rent property within the community.  They sent him certified letters and he began to fight a battle, however, “the majority voted” and he was on the losing end of the battle. 

He couldn’t afford to sale the property due to the market and he couldn’t afford to keep the property because he didn’t have the income to pay for it.  Now, apparently once you get in the sights of a homeowners association, you as now their target, since he contacted us, they have fined him daily $25 per day because there was a trash can “visible from the roadway” and they have also fined him $15 per day because he did not have a door on his mailbox.

I understand that homeowner associations are there to “protect” the community, however, at some point they are a liability to the community as well.  The homeowners association caused the neighborhood to lose value by forcing the short sale and unnecessarily caused the bank to take a loss due to the changes they felt a need to change.

If you are a victim of your homeowners association, contact 2ShortSaleGuys today for a free confidential consultation and let us give you some advice on how you should proceed.  Not all cases are going to warrant a short sale of your home based on the homeowners association, however, in this case that was the only hardship.

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Posted by

 

Nakia Brooks, REALTOR ®

 

Nakia@GaRealtyGroup.com

GA Realty Group | 2ShortSaleGuys
Keller Williams Realty – Lanier Partners

 

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Tracy Oliva
West USA Realty - Arizona - Fountain Hills, AZ
The Oliva Team Arizona Agents

This is some good Info for all in the business,  keep up the good work and good luck with your business in 2013,  E

Jan 01, 2013 08:58 PM
Brian Rayl
Home Value Leads - Highland Park, TX
Active Agent and Co-founder Of Home Value Leads

Some HOAs will cut off their own faces to spite their nose. (I think that is how the saying goes anyways) I've seen HOAs force a foreclosure over $2000 in unpaid dues. Do they realize that by doing this, every single house in the neighborhood proabably lost OVER that $2000 in value? Sometimes it boggles the mind.

Jan 01, 2013 09:05 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

When taking the listing and knowing the rules  you may findtalking with these folks from day one can prevent legal obstacles later.  Likely the board members were not the rule makers and may be more reasonable than anticipated.

 

 

 

 

Jan 01, 2013 09:15 PM
Daniel J. Brudnok, REALTOR
Berkshire Hathaway Home Services Fox & Roach, REALTORS - Exton - PA License #RS-225179-L / Delaware License #RS-0025038 - Downingtown, PA
SRES, e-PRO,ABR,GREEN,CSP

Happy New Year Nakia,

I agree.....rules can be very useful, yet where is common sense these days.

Jan 01, 2013 09:21 PM