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Homeowner may lose home to delinquent HOA fees

florida hoa fees foreclosure

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#1 jnelsoninjax

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Posted 20 November 2012 - 03:14

JACKSONVILLE, Fla. -- Since the economic downturn, homeowners have had to choose between paying their HOA fees and meeting their everyday needs.

"We have seen a significant increase in HOA delinquencies," said Attorney Fred Elefant.

David Kordek is one of the statistics.

"My biggest fear is being without a home," said Kordek.

Kordek is trying to hold on to his East Arlington Home. Recently he had his mortgage modified but now he's facing another hurdle -- a foreclosure for late HOA fees.

"It is very stressful on my wife and I," said Kordek. "I contacted the homeowners association as soon as we were granted the home mortgage modification after fighting with that for three-and-a-half years."

Kordek is behind on his HOA fees. The past due amount is approximately $1,400 including late penalties, and attorney fees.

"People don't care about people anymore. Everything is just about money and that's it," he said.

Kordek lost his job in 2009. Real estate attorney Elefant said that's when they saw a significant increase in property owners falling on HOA fees. Kordek said he had no choice.

"We had three years of not nice holidays with no money. We're going to have a fourth, but on the bright side, I have a job," he said

Kordek said his wife is battling liver cancer and that has added to his already stressful situation.

"When you compute all our bills, all we have is $301.76 left over," said Kordek.

Under Florida statute, an HOA can foreclose on his home to collect the past due fees.

Kordek finds it hard to believe that he could lose the 17 years he has invested into his home for past due HOA fees that amount to about $1,400.

The reality is he can, and now he feels the grip on his home slipping.

"Its like a roller coaster ride," said Kordek, "You fight and fight and then you find way to clear a hurdle. Then you think you're going to move forward and then another hurdle and then you're looking at 'how do I deal with this?'"

Your home is normally exempted from such claims, except for your bank and your HOA.

Attorney Elefant said a property owner can seek bankruptcy protection or appeal to the HOA.

Charlene Thompson is with Kordek's HOA and said they will discuss his case at the December meeting. Thompson said the decision to move forward with a foreclosure or to work out an agreement will be made by the HOA board of directors.
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#2 -Razorfold

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Posted 20 November 2012 - 03:22

HOAs are useless and need to go. They never hire anyone good for the jobs they do, it's often just the cheapest bunch of crap they can find but charge you a ton ($150 a month for where I live right now).

Some of them are even corrupt as hell, when I used to live in Daytona the one for my house had a restriction about the size and breed of dogs you could have (the dog had to be 20 lbs or less and a non-aggressive breed). However, if you were on the board or friends with someone who was then you could have own whatever dog you want (some of them had pitbulls, others just had large dog breeds).

#3 The_Observer

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Posted 20 November 2012 - 03:22

HOA?

#4 OP jnelsoninjax

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Posted 20 November 2012 - 03:27

HOA?

In the United States a homeowner association is a corporation formed by a real estate developer for the purpose of marketing, managing, and selling of homes and lots in a residential subdivision. It grants the developer privileged voting rights in governing the association, while allowing the developer to exit financial and legal responsibility of the organization, typically by transferring ownership of the association to the homeowners after selling off a predetermined number of lots. It allows a civil municipality to increase its tax base, but without requiring it to provide equal services to all of its citizens. Membership in the homeowners association by a residential buyer is typically a condition of purchase; a buyer isn't given an option to reject it. Most homeowner associations are incorporated, and are subject to state statutes that govern non-profit corporations and homeowner associations. State oversight of homeowner associations is minimal, and mainly takes the form of laws which are inconsistent from state to state. Some states, such as Florida and California, have a large body of homeowner association law, and some states, such as Massachusetts, have virtually no homeowner association law.

https://en.wikipedia.org/wiki/Homeowner_association

#5 Anibal P

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Posted 20 November 2012 - 03:29

HOA?


Home Owners Association, basically a scam to make you feel like your community is "special" like gated communities are

#6 MDboyz

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Posted 20 November 2012 - 03:38

When I bought my house I had to search for the area without HOA. They are just blood suckers. Besides all the fees, you have to follow their rules also. It's your own home, but you don't have much control what is going on around your house.

#7 -Razorfold

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Posted 20 November 2012 - 03:41

When I bought my house I had to search for the area without HOA. They are just blood suckers. Besides all the fees, you have to follow their rules also. It's your own home, but you don't have much control what is going on around your house.

Whats sad is that it's getting harder and harder to find newer areas that don't have HOAs.

#8 *RedBull*

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Posted 20 November 2012 - 04:51

Someone needs to sue the government to make it stop. It's unconstitutional.

#9 FloatingFatMan

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Posted 20 November 2012 - 08:34

^ Certainly doesn't sound particularly legal, going by that description above...

Wait, these are the people you see stories about with people getting fined over their lawns and stuff, right? if I ever move to the US (not likely!), remind me to make damn sure I don't buy anywhere with one of these things!



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