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Chit Chat

Anyone Else That Had Problems...

With getting their first place? Right now we're on month 4 of trying to get our place and everytime wit seems like we're about to get it, something comes along and derails the process.

Background: The previous owners went into foreclosure due to the banks overlending him money during the housing boom right before it went bust. Now the guy was forced out. We expressed interest in the place and began the process of getting it. Apparently the previous owner borrowed from THREE different banks and now each of them are wanting a share of the money that we're putting down to get the place. We've been delayed for 4 months because they were procrastinating and plotting to get more money from us, but our broker managed to agree to an extra $5000.

So today, the paperwork is signed to officially close on the place and now the Homeowner's Association wants us to pay the HOA fee for the previous 2 MONTHS even though it's been sitting empty, we still don't own it just yet and because the previous owner "is broke and can't pay it". Even if the guy is broke (and should be in JAIL), the place is completely devoid of people, therefore what's the justification in paying  the HOA fee for an empty place that is owned by no one?

So we're waiting for the agent of the HOA to come back and give us "their decision". Meanwhile, I'm looking up attorneys. I don't know how I'll afford it, but this recent event has pushed me to my ultimate limit and I'm not going to let them hold our place over our heads after we agreed to everything they've asked of us up to this point over a fee for an empty apartment.

Am I being irrational? Has anyone experienced this when it came to getting their first place? I'm just so tired of having the carrot dangle in front of us and then have it pulled away when we reach for it.

Re: Anyone Else That Had Problems...

  • Wow, that's messed up.  As far as the attorney goes, see if you or your FI have access to group legal through your jobs.  I get about $15/month taken out of my paycheck to have legal counsel on retainer, and though I haven't used them yet, I'm pretty sure that there aren't any extra costs involved.
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  • How stressful! We have always rented, but I've heard that the process is tedious. I hope the HOA doesn't make you pay the fees :(  You definitely shouldn't have to pay them.

     I hope you have better luck soon!
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  • Unfortunately, FI owns his own business and doesn't draw enough to pay for an attorney and I'm struggling to find a FT job so I'm holding out hope I can find a good attorney for cheap (commence laughter now).

    As well, FI has been against renting the entire time because "why shell out money to someone to live in a place when we can just own outright and not worry about throwing money away?" Sometimes I just wished that we rented just so we can be on both feet, I can find a FT job and save up for something better.
  • Don't you have to sign something with the HOA? Saying that you will pay their dues etc. There's no way that if you don't live there that you would have to do that right? 
  • We had a similar case, but as part of the negotiation process, the bank paid the back HOA fees.  The previous owner was also broke, and was in no part, part of the negotiation process.

    Check with your state laws, and check with the bank's home agent. 

    "The best and most beautiful things in the world cannot be seen or even touched, they must be felt with the heart." ~ Miss K ~
  • If the bank has not been paying the HOA fee, then you have to. Its one of the costs of getting a foreclosed home. Also, a lot of HOA fees go to maintaining common areas. I'm willing to bet they cut ALL the grass on the boulevards and didn't leave a portion equal to 2 months fees for one house with long grass. 

    Just pay the fee and move on. There is no reason to piss off the HOA where you will be living for the foreseeable future.

    My last home was a foreclosure and it took me 6 months to buy it. I gladly paid the extra HOA fees in with my closing just to get out of an apartment and into the house. 
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  • But where did the previous 2 months' HOA fees come from? Someone obviously paid it and it wasn't us and it wasn't the previous owners. So obviously the fees came from somewhere and it should continue to come from that "somewhere" until we officially own it.

    I refuse to fork over a cent for something that we haven't lived in nor owned yet. It's like buying car repairs 3 months before something happens to the car.

    And if it pisses off the HOA then good because then if they mess with us, I'm documenting every contact from them, good or bad.
  • The fees are assessed every  month on the property, no matter if it is occupied or not. You can negotiate further with the bank to pay them, but if it wasn't on the closing statement, then you are kind of SOL on that front. Apparently no one paid them at all and that is why the HOA is coming after you. 
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  • Even though it's only $520....if we happened to get the keys to the place this month then I would have no problem paying this month's HOA fee, but they're also coming after us for July when we haven't signed the paperwork and obviously it wasn't in escrow.

    Even though it's a short amount, it's the damn principle plus it's money going into pockets when they haven't done any upkeep on the place, obviously haven't checked on it (had random people go in and out) and it's money going out of our expenses to upgrade our place. Absolutely not. I'm willing to pay August's HOA fee (IF we get the place this month) but I REFUSE to pay July's. It's not our problem and I'm not going to make it our problem.

  • Properties that fall under the jurisdiction of an HOA owe the HOA money; think of it as the property owing the money rather than the former owner.  If the owner didn't pay the fees, that's fine, but it doesnt' mean the property does not owe the HOA money, and they have the right to put a lein on it if the fees are not kept up to date.

    It sucks to be in this situation but I've run into this before as well and in my experience there is nothing that will be done on the HOA side because the bylaws of the community are typically very specific about each houses assessment being paid, by whom and the process that is taken if they're not paid.  You're not dealing with a 'person' who can, as the HOA, say ok we'll just waive the fees because the bylaws require the fee to be paid.  They also can't just reappropriate funds out of the HOA's budget to pay the fees your new house owes because that would typically require a majority vote by the community to move money to cover your home's fees, and of course no one is going to vote for that.

    Most likely you can get the bank that forclosed on the house to pay the fee if you stand your ground and tell them the deal is off if you have to pay it.  They're probably losing a hell of a lot more than $520 by letting it sit empty for another month or two so its in their interest to eat the cost of paying those back fees.

    Oh, and welcome to life under an HOA, pretty soon you'll hate them with a passion.  Mine threatens me about once every six months, clean your door, paint your mailbox and the latest is a letter telling me that pickup trucks are not allowed to be outside a garage in the driveway, even though my truck has been in my driveway for the past three and a half years and won't fit in my garage.  I'm currently trying to round up enough support for a vote at the next meeting to ammend the bylaws to drop that clause since someone has randomly decided to start enforcing it.

    Married in Vegas - June 2011


  • Yep! That is why when we were looking we walked right out of any house with a HOA! They SUCK and are A RIP OFF. Sorry we had a shiiitty one at our old Condo so we decided against EVER living in an area that had one. I would just try negotiating with the bank to pay the back fee's or you will walk.
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  • We will probably do that in the final contract that stipulates that the bank will pay the current HOA fee owed.

    I'm dreading the HOA but we get so many perks for a low fee per month. And our place is hidden away (a tiny 2 foot wide staircase in a closed alcove leads to two doors) so if they have any issues, it'll be an issue that's better be worth my while.

    I'm trying to get an update since it's nearing the end of the business day so hopefully I'll hear something soon.
  • You have no idea how much your post cleared my head! We are in the middle of buying a short sale, which is anything but short.... Our offer was accepted in... April and we found out that they had loans from two banks. One got close to finishing the file and then ended up closing it because it was the end of their fiscal quarter... so now that bank has settled and we are waiting for the other to settle.

    The good news is that there were tenants living in property until August 1st so now it is vacant! Hopefully them not getting rent money and having an empty property will get them off their booties!!


    Good luck!!!!
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  • We signed the contracts from the banks, not the HOA. Not yet at least. Nothing in the contract mentioned anything from the HOA.
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