[olecapt]

Pointless to foreclose in the Aqua case. This is an underwater property that will eventually be foreclosed by the lender. If the Association starts the foreclosure procedure they are simply wasting their money.

W2+B2 is trying to understand the homestead exemption. By statute there is an exemption from the homestead for HOAs and such.

The statute involved is NRS 115.010 which says down a bit...

(b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

[metalkid]

If I understand things correctly from reading this thread, in order for an HOA to force a foreclosure to collect any money for back assesments, they would have to sell the house at or above the value of the mortgage, right?

And per NRS 116 we're supposed to continue paying assesments even if we have a dispute with our HOA, but where's the clause that indicates that the HOA must live up to it's side of the contract? We've been living under the Paradise Valley HOA since 2002, and watched the complex go from beautiful, to ghetto, and have had six managament companies and an untold number of different landscapers since 2002. The community pool has been ususable for the last three years. so what "Services" am I paying for? I was shelling out $214/month for nothing, for six years, when we finally gave up on the HOA ever doing what it's required do.

What do you think they would get if they try to sell a house, that due to their discrimination, negligence, and neglect is only worth about $30K (interior water damage, and mold found throughout the house due to a leaking roof that took more than three years to repair and then refused to file a claim for the interior damage and mold remediation that was required), the value of the mortgage is $135K (current market value, in good shape is around $80K)

We're in a mortgage adjustment phase with out mortgage company, but unless they can drop our principle and rate to the "No more than 31% of our income", (per one of Obama's Plans) so that we can use the extra money to finish fixing the place (repairing the interior damage/remediate the mold, ourselves), we're probabaly just going to walk away, and rent to get a whole lot more for a whole lot less money, and no HOA to deal with.

This HOA has destroyed our house, and my wife's health , due to long term exposure to mold toxins caused by the roof leak that the HOA failed to take care of in a timely manner, and nobody will help us.

[olecapt]

Originally Posted by metalkid

If I understand things correctly from reading this thread, in order for an HOA to force a foreclosure to collect any money for back assesments, they would have to sell the house at or above the value of the mortgage, right?

And per NRS 116 we're supposed to continue paying assesments even if we have a dispute with our HOA, but where's the clause that indicates that the HOA must live up to it's side of the contract? We've been living under the Paradise Valley HOA since 2002, and watched the complex go from beautiful, to ghetto, and have had six managament companies and an untold number of different landscapers since 2002. The community pool has been ususable for the last three years. so what "Services" am I paying for? I was shelling out $214/month for nothing, for six years, when we finally gave up on the HOA ever doing what it's required do.

What do you think they would get if they try to sell a house, that due to their discrimination, negligence, and neglect is only worth about $30K (interior water damage, and mold found throughout the house due to a leaking roof that took more than three years to repair and then refused to file a claim for the interior damage and mold remediation that was required), the value of the mortgage is $135K (current market value, in good shape is around $80K)

We're in a mortgage adjustment phase with out mortgage company, but unless they can drop our principle and rate to the "No more than 31% of our income", (per one of Obama's Plans) so that we can use the extra money to finish fixing the place (repairing the interior damage/remediate the mold, ourselves), we're probabaly just going to walk away, and rent to get a whole lot more for a whole lot less money, and no HOA to deal with.

This HOA has destroyed our house, and my wife's health , due to long term exposure to mold toxins caused by the roof leak that the HOA failed to take care of in a timely manner, and nobody will help us.

The only available help in such a situation is a lawyer. You got to sue.

If the case is quite solid you can get someone to take it as a contingency. But if not solid or there is fear the HOA is unable to pay it may mean you have to pay the lawyer. The catch 22 of our legal system.

If you are reasonably bright and driven you can represent yourself. Note though you still have to win...otherwise the other side gets huge legal fees.

I am still inclined in these situation to say you get the roof fixed if not responded to quickly by the HOA. Then argue about who pays.

[jlawrence01]

Originally Posted by olecapt

I am still inclined in these situation to say you get the roof fixed if not responded to quickly by the HOA. Then argue about who pays.

I agree with you completely.

I am not going to let my place go to heck waiting for the HOA to respond to an emergency like a leaking roof. I have an interest in keeping things up.

However, I can almost believe anything after serving on a condo board for eight years. My favorite was one clown who threatened to "have me fired from the board and put out of a job." I said fine, I would love to be relieved of a non-paid job dealing with idiots.

[aqualung8705]

The property isn't just underwater, it's in the Marianas Trench. I'm doing nothing to help any of them. I found out from the financial representing the HOA, they need to get a notarized fax from my stepfather saying that I can talk to them. Last time I called them the woman who spoke to me said that I have 200+ days before I'm forced out. I'll have my settlement money, and some money from a job (I hope) saved up by then, so I can either put a down payment on a house, or buy a mobile home by then. I want what's best for the dogs.

[metalkid]

We had retained an HOA/Mold Attorney, on contingency, but couldn't come up with the approx. $7000 we needed to spend to get NIOSH Toxins Testing done on my wife, and for testing of the house, so he wouldn't help us. Had another lawyer, friend of our doctor (who has been trying to since 2003 to figure our what was wrong with my wife), we went through the intake process, but found out the next day that he wouldn't take the case because he would have to spend $56K in expert witnesses to prove the case, we would get nothing, and he would be working for only $13.00/hr.

We currently have a Personal Injury Attorney reviewing the case to see if we can approach a solution from that angle, and we've given our number to one of the cashiers at a local store who said he knows of about 14 people who come in on a regular basis and complain about how bad our HOA is. We're hoping maybe we can put together a class action lawsuit with these people to at least get rid of the board and have the state take over. Actually, too bad we probably couldn't get the consensus to dissolve the HOA and take responsibility for everything ourselves. I could have made alot of improvements with all the money I've thrown away over the last six years.

Thanks for all your opinions about our situation, it's really helpful to get some feedback from others that have had less than optimal experiences with these evil HOA's.

[pentel]

metalkid, thank you for sharing your experience with us. i have 2 questions for you.

1) are you in Paradise Town House and is your management company Benchmark Association?

2) how should a newcomer research the HOA in a particular area?

[aqualung8705]

The other shoe has dropped.

I got a thing in the mail from Red Rock Financial yesterday stating that if I don't come up with $3,003.26 (and growing) asap, they'll auction the house off no less than 91 days from 3/23. I'd call them, but since my name isn't on the lease, they won't talk to me. I need to get my stepfather back in NC to fax them a notarized letter giving me permission to talk to then. Add on top of that my water got turned off yesterday. I'm trying to work with Social Services to get my utilities turned back on, but they're hard to get a hold of. I call and leave messages for my case worker, but getting any response out of her is like pulling teeth with chopsticks.

In any case I'm in the mood to do them no favors. When I leave the house, I'm not going to leave it **** and span. Depending on my mood that day, I might break the key off in the lock. What can they do to me, evict me?

[aqualung8705]

I just spoke to them on the phone, and they said that there are steps that they legally have to take. I won't actually be forced to move until some time in September.

[PinkString]

Originally Posted by aqualung8705

I just spoke to them on the phone, and they said that there are steps that they legally have to take. I won't actually be forced to move until some time in September.

That's good, it buys you some time to move things out,etc. But having no water will suck big time.