Not necessarily there may be county ordinances that come into play. Someone complained to the county that I had derelict vehicles in my driveway. Sheriff came out and seen that all were tagged and running, so nothing they could do. Kinda makes me want to add to the collection.
Arizona homeowner David Martin fined $100 repeatedly for giving out free water in heat amid clash with HOA
Someone is giving away cold water in 120* weather and these subhuman prats find something wrong with that? They ought to be horsewhipped around the town square just on general principle.
The issue was his advertising . But why do people buy houses in a HOA ? nice to see him fighting it but in some states the HOA can foreclose on your house and take ownership of it for unpaid fake fines . Even if you have a mortgage , some state laws are wresting so the HOA foreclosure wipes out the mortgage Which makes me think you could set up your own HOA , have it fine you, Then have your own HOA foreclose and wipe out the mortgage and you’ve got a free house .
I am by HOAs as I am by Unions. I am not pro or anti. What bothers me the most, though, is that people these days get in such a hurry that they fail to read what they sign fully. Several months ago, I was listening to a man complaining about a timeshare situation he was involved in. I tried to avoid speaking because I knew my opinion would upset him. I finally, after being asked several times to voice my opinion, said, " Did they hold a gun to your head and force you to sign the contract?" The reply was that I did not know what I was signing. Another situation that causes problems is clauses in home protection services. People sign them and then discover it almost takes an act of Congress to get out from under them. I don't care what it is. Fully READ the document. Make sure all blank spaces have lines through them. If the person handing the document to you can't wait 24 hours, then you should take that impatience as a red flag. If you don't understand legalese, go spend some $$ to get an attorney to look over the document. When you sign a legal document, you are deemed to be responsible for complying with the terms, even if you don't understand the terms or fail to read them, if they otherwise comply with the law.
I doubt that. No bank would issue a mortgage if that were true. The bank's mortgage lien would still be there if the HOA foreclosed. If the bank lien is second to the HOA interest the bank can simply pay the HOA fees and file their own foreclosure action. Most banks won't issue a mortgage unless their lien is first in line though.
To the best of my knowledge, the only event that can strip a lienholder of real property is a property tax default. For this reason, most lenders pay these taxes directly from an escrow account established at the time the loan is issued. In some cases, property insurance is also included in the escrow, with the lender managing payments to protect their investment. An HOA functions more like a restrictive covenant on the deed rather than a lien. As I understand it, in most jurisdictions, an HOA must take a member who owes money to the court, and if successful, they can initiate the collection process. This may involve wage garnishment or potentially a second lien if sufficient equity exists. This is why seeking legal advice is crucial if you do not fully understand what you are about to sign, and the same applies to co-signing agreements.
