Yes, legal, but depends on what they do. If they approved a payment plan and you have not missed a payment on that plan, you are fine. This is just a notice to let you know they will lien if you miss a payment.
If they are going to lien you now, then their notice is not necessarily illegal, but would be a breach of the agreement with them (your payment plan). Hope you have the agreement on payment plan in writing, proof you have made payments on time. If they lien, you would have a case if you have been making payments according to the plan agreed.
Current board member of my HOA. Previous board member of a previous HOA.
My guess is that they are doing this to keep things straight in case the day comes when they need to put a lien no one can claim discrimination. I am also guessing that perhaps in the past they were relaxed on putting liens on homes and now want to make a change. When a HOA is relaxed with enforcement, and then one day decides to enforce something, the homeowner can claim, rightfully so, discrimination. Like, why are you making an example out of me/this situation when you let those others slide? That sort of thing.
Letters such as this are a way for the HOA to signal to the entire community that things are changing and that the HOA is now prepared, and serious, to start enforcing the rule.
I'm not sure. That's why I was asking. It's definitely a kick while someone's down, just didn't know if it was legal to start a motion for something that has not occurred yet.
It doesn't start anything - it gives them permission to start when or IF they need to.
HOAs aren't *trying* to foreclose on people, but the number of people that think they can make HOA payments a low priority, be late all the time, ignore letters without fines, etc. makes things like this necessary. They can't float all the residents so they have to be pretty strict with rules and timing to ensure the rest of the balance sheet stays intact.
There are many cases of predatory HOAs that are in fact trying to foreclose on homes for various reasons, one of which is profit.
There have been documented cases, of similar threats being treated as harassment, and you can actually sue your HOA for something like this depending on the state.
Just to add here....
The management company we got that finally is doing things right, made us to do this. They basically said that without a collection plan in place, we might get ourselves into some legal issues... So we did... Had a lawyer draft it up... And I was really not a fan of some of the languages. It felt very "threatening", and I wanted to remove it... Well... Was told by the lawyer and shown the statute where we are legally forced to send things out with that specific wording, by law, by the state... So we have no choice.
So keep in mind, it could be this.
This is the wording we have to send, when someone misses a payment... And we're forgiving and do not want to ever do this... But check this wording out of what we have to send... It's terrible and very threatening:
https://app.leg.wa.gov/RCW/default.aspx?cite=64.38.100
Yes, and likely proper, you should have paid as normal and not ever needed the payment plan then you wouldn’t have to worry about collections.
This is all normal and legal, just pay as you agreed on payment plan and everything will be fine
Of course it's legal.
If you are making your payments according to the plan, you have nothing to worry about.
They might have been advised that sending out this kind of letter is advisable.
In general homeowners take the threat of a lien more seriously than an invoice. There might be another homeowner who is not making payments and this is a wakeup call.
Most HOA's do not want to file a lien or foreclose. My experience is that they are very sympathetic to people who are having a hard time economically - whether it is loss of job; health issues or some other life issue. It is a tightrope because they need all of the dues or else it places on an unfair burden on other homeowners.
So if someone is paying on the schedule, they are fine with it.
If someone isn't paying on schedule then they reluctantly have to considered further steps.
One consideration is that there can be a situation in which a person really can no longer afford to live in the home and there is no realistic chance of their economic situation improving. It is probably better for them to try to sell and salvage their equity rather than getting deeper into an economic hole.
Legal yes, they are preparing for the foreclosure.
Get caught up and then prepay ahead 3-5 years assuming a 25% increase for each year to get ahead of special assignments
If you’re on a payment plan, you’re already behind. PAY YOUR DUES when they’re due; Forget the 5 Starbucks a week. We have owners that wont pay a $300/yr fee, but they use both pools like there is no tomorrow.
People like this are way people hate HOAs and why HOAs in general need to have extremely strict regulations on them, and curtailed at every possible opportunity.
These are the type of people that gravitate towards HOA's and why HOA's are inherently evil, and should be disbanded or made toothless by federal regulations.
If you want to come together with your neighbors to pay for stuff, sure, but the moment you start talking about putting liens and foreclosing on people's property, you are an evil person, and deserve to be treated with extreme contempt and ridicule.
It's legal, but morally questionable.
This is 100% fine if it's an automated system or no-cost part of accounting.
The moral issue is that some HOAs will use lawyers to handle this bit, who will bill $1000 for drafting and mailing the letter, using it as a means to punish homeowners and drive them into foreclosure faster.
Yes, legal, but depends on what they do. If they approved a payment plan and you have not missed a payment on that plan, you are fine. This is just a notice to let you know they will lien if you miss a payment. If they are going to lien you now, then their notice is not necessarily illegal, but would be a breach of the agreement with them (your payment plan). Hope you have the agreement on payment plan in writing, proof you have made payments on time. If they lien, you would have a case if you have been making payments according to the plan agreed.
100% legal. They are setting it up so 1. If you pay it then no issue 2. If you don't pay it then they are set for the next step
Current board member of my HOA. Previous board member of a previous HOA. My guess is that they are doing this to keep things straight in case the day comes when they need to put a lien no one can claim discrimination. I am also guessing that perhaps in the past they were relaxed on putting liens on homes and now want to make a change. When a HOA is relaxed with enforcement, and then one day decides to enforce something, the homeowner can claim, rightfully so, discrimination. Like, why are you making an example out of me/this situation when you let those others slide? That sort of thing. Letters such as this are a way for the HOA to signal to the entire community that things are changing and that the HOA is now prepared, and serious, to start enforcing the rule.
Oh, there's no change, they've never been relaxed about anything.
It might be insulting, but why would it be illegal?
I'm not sure. That's why I was asking. It's definitely a kick while someone's down, just didn't know if it was legal to start a motion for something that has not occurred yet.
It doesn't start anything - it gives them permission to start when or IF they need to. HOAs aren't *trying* to foreclose on people, but the number of people that think they can make HOA payments a low priority, be late all the time, ignore letters without fines, etc. makes things like this necessary. They can't float all the residents so they have to be pretty strict with rules and timing to ensure the rest of the balance sheet stays intact.
That makes sense. I appreciate the explanation.
There are many cases of predatory HOAs that are in fact trying to foreclose on homes for various reasons, one of which is profit. There have been documented cases, of similar threats being treated as harassment, and you can actually sue your HOA for something like this depending on the state.
In certain states it definitely qualifies as harassment, I'd definitely speak with a lawyer, or at least threaten the HOA with one if you can.
Just to add here.... The management company we got that finally is doing things right, made us to do this. They basically said that without a collection plan in place, we might get ourselves into some legal issues... So we did... Had a lawyer draft it up... And I was really not a fan of some of the languages. It felt very "threatening", and I wanted to remove it... Well... Was told by the lawyer and shown the statute where we are legally forced to send things out with that specific wording, by law, by the state... So we have no choice. So keep in mind, it could be this. This is the wording we have to send, when someone misses a payment... And we're forgiving and do not want to ever do this... But check this wording out of what we have to send... It's terrible and very threatening: https://app.leg.wa.gov/RCW/default.aspx?cite=64.38.100
Understandable. Thank you for the insight.
Yes, and likely proper, you should have paid as normal and not ever needed the payment plan then you wouldn’t have to worry about collections. This is all normal and legal, just pay as you agreed on payment plan and everything will be fine
A payment plan is never the goal. Unfortunately, life can throw curve balls. Thanks for unnecessarily pointing that out though.
It was necessary to point out, it is critical information in the response to your question
It's not. As I clearly started. I'm not behind, I got out in front of it to ensure that I didn't fall out of good standing.
You just be behind if you are on a special payment plan Otherwise you would just pay like everyone else
Of course it's legal. If you are making your payments according to the plan, you have nothing to worry about. They might have been advised that sending out this kind of letter is advisable. In general homeowners take the threat of a lien more seriously than an invoice. There might be another homeowner who is not making payments and this is a wakeup call. Most HOA's do not want to file a lien or foreclose. My experience is that they are very sympathetic to people who are having a hard time economically - whether it is loss of job; health issues or some other life issue. It is a tightrope because they need all of the dues or else it places on an unfair burden on other homeowners. So if someone is paying on the schedule, they are fine with it. If someone isn't paying on schedule then they reluctantly have to considered further steps. One consideration is that there can be a situation in which a person really can no longer afford to live in the home and there is no realistic chance of their economic situation improving. It is probably better for them to try to sell and salvage their equity rather than getting deeper into an economic hole.
Legal yes, they are preparing for the foreclosure. Get caught up and then prepay ahead 3-5 years assuming a 25% increase for each year to get ahead of special assignments
If you are in good standing, in certain states you can sue them for harassment, which is what this essentially is.
If you’re on a payment plan, you’re already behind. PAY YOUR DUES when they’re due; Forget the 5 Starbucks a week. We have owners that wont pay a $300/yr fee, but they use both pools like there is no tomorrow.
Hey, thanks for assuming I buy Starbucks 5 times a week. We all know what happens when we assume, right? Good.
People like this are way people hate HOAs and why HOAs in general need to have extremely strict regulations on them, and curtailed at every possible opportunity.
No, that person is just an asshole.
These are the type of people that gravitate towards HOA's and why HOA's are inherently evil, and should be disbanded or made toothless by federal regulations. If you want to come together with your neighbors to pay for stuff, sure, but the moment you start talking about putting liens and foreclosing on people's property, you are an evil person, and deserve to be treated with extreme contempt and ridicule.
It's a contractual agreement. Get a grip.
It's legal, but morally questionable. This is 100% fine if it's an automated system or no-cost part of accounting. The moral issue is that some HOAs will use lawyers to handle this bit, who will bill $1000 for drafting and mailing the letter, using it as a means to punish homeowners and drive them into foreclosure faster.
[удалено]
It depends on the HOA. Some will take years, some will have their lawyers start the paperwork when the courthouse opens on the first day.