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How will not paying HOA fees affect my personal credit?

Posted on Sat, Oct 16, 2010 @ 09:01 AM
  
  
  
  

I was behind on my HOA fees while arguing some "fines" for things I never even did like braking the main lock at the gate close to my unit, trash in the patio, and satellite antenna. Ridiculous $500 fines plus interest, and late fees, etc. Then I lost my job, it turned worse, I really fell behind, next thing they recorded a lien for about $12,000 plus the expenses.

I have a perfect credit, never fell behind on my mortgage even now that my condo value is upside down.  I have to pay $500 every month if not they will lien sale my condo, I get this foreclosure letter all the time, they are demanding about $12,000 for the HOA fees. My condo is worth about $230,000 and I owe twice that amount.   I am really tired, was always worried about my credit score. Should i just let it go at this time...how would it impact my credit history (HOA does not report to my credit)? I am current on my loan payments. Can the HOA really foreclose for that amount?  They do have the lien recorded....Will it show as foreclosure with no late payments on credit?  Do I still owe to the bank?  Thank you so much in advance for your input.

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COMMENTS

An association can lien and foreclose upon claiming the lien for unpaid assessments. They can also get a deiciency judgment against you. Fines may a different story depending on which state you are in. In some states they cannot lien for unpaid fines but some other do allow it. Have you ever made the attempt to settle this matter with your association, like a repayment plan ?? Have you talked to an attorney in your area ??

posted @ Saturday, October 16, 2010 11:25 AM by Susana Murray


The place to start with answering your question is what state do you reside in? 
 
You are generally correct that the association does not report to credit. That's one of the reasons boards contact us so that we can report the debt to the credit bureaus. An association does have the right to foreclose, it's just a question of whether they can wipe out the mortgage. That depends on the state. Either way, the bank will still hold you personally responsible for the mortgage. 
 
Darron

posted @ Saturday, October 16, 2010 11:46 AM by Darron


You owe twice the amount of $230,00 and your unemployed! Unless you have a enough money to work out deal you might as well walk away and start over, sometimes you just have to punt!

posted @ Saturday, October 16, 2010 11:59 AM by Victor


I need to know if there is such a thing as a maximum cap amount on yearly increases to Condo Associations Fees. 
 
Please advise, thank-you 
 
Debora Botelho

posted @ Sunday, October 17, 2010 8:06 PM by Debora Botelho


Debora: 
 
Yes, depending on the state. what state are you in? 
 
Darron

posted @ Sunday, October 17, 2010 8:36 PM by Darron


Debora, first and foremost, you need to review your own association documents. If the specific answer is not there then you can look up your state laws.

posted @ Monday, October 18, 2010 12:52 PM by Susana Murray


I live in CA and we have 6 units on our property listed as townhouses. We suffered through a series of rain storms and as a result, 2 of the 6 units encountered with roof leaks. The repairs came out to be $5000 and each unit has to pay $410. They did not get our consent and hired someone to do the repairs and then tried to collect money from each owner. Is this legal and what happens if I don't pay for other units' damage??? Thanks.

posted @ Wednesday, December 29, 2010 8:53 AM by Steve


Steve: 
 
Yes, it is legal for the association to assess for common repairs. If you do not pay, then the association can take the necessary action against you to collect what is owed to the association. 
 
Darron Hay 
 
Assessment Recovery

posted @ Friday, December 31, 2010 2:17 PM by Darron Hay


I am debating foreclosing vs short sales. I have past due HOA fees of 4k and additional late fees. If i consider short sellling I know i need to pay those before closing escrow. But if I foreclose should I still pay? Will the association or collection agency try and sue me for the balance if the propertly gets foreclosed?

posted @ Wednesday, February 16, 2011 8:10 PM by frustrated inforeclosures


Daisy can you please start a new blog instead of asking your question on a question. You will get better advice from people if you do. 
 
Vic

posted @ Thursday, February 24, 2011 8:27 PM by Victor


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