https://gotoby.com/wp-content/uploads/2020/10/go-toby-logo.jpg 0 0 Toby Tobin https://gotoby.com/wp-content/uploads/2020/10/go-toby-logo.jpg Toby Tobin2010-07-12 00:00:002021-03-19 14:41:40Some HOAs Sue or Foreclose to Collect Dues
Some HOAs Sue or Foreclose to Collect Dues
A cancer victim was able to work out payment plans on her mortgage, car note, credit card and tax obligations to the Internal Revenue Service but not with her neighbors.
Palm Coast, FL – July 12, 2010
By Tammy Joyner: The Atlanta Journal-Constitution
When Helen Burgess fell behind on her bills after being diagnosed with cancer, she was able to work out payment plans on her mortgage, car note, credit card and tax obligations to the Internal Revenue Service.
Her neighbors weren’t so accommodating.
Because Burgess was late on her condo fees, the Magnolia Lane Condominium Association cut off her water soon after she returned home from surgery. That was June 27, 2009.
Since then, Burgess has been hauling water from her niece’s house 10 miles away. The condo group also tried in vain to garnishee the Marietta woman’s pay to collect the dues it’s owed, which, including attorneys’ fees, now totals more than $5,000. Most recently, it banned Burgess or her guests from using the clubhouse and other facilities in the 76-unit Marietta community.
Read More>>>> The Atlanta Journal-Constitution
Death and taxes
Death being a sure thing, but taxes, fees and living cost can almost kill you. The others that have to pick up the cost off association fees, do have the right to try to collect due fees. That should be done as a lien againt the property, so when sale or inheritance occurs they get paid. Shutting off water is not sanitary and a fire hazard. Condo’s and places with common fees are devalued as defaults occur, as housing without those fees are not encumbered as much. That and "special assessments" on top of regular common fees make the Condo’s unattractive to many. Renting, on the other hand, is becoming the best real property position to be in, as you are one step away from the current problems of real property ownership.
Can the HOAs foreclose in Florida without a judgement? Do they supercede the bank?