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Homeowner evicted due to past due homeowners association fees

florida hoa

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#1 jnelsoninjax

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Posted 05 January 2013 - 14:06

JACKSONVILLE, Fla. -- Ken Baxley lived in his East Arlington house four years, but in 24 hours, it was no longer his home.

"I called the police and said 'Is this for real?' and they said 'Yes,'" he said.

It was real, but Baxley says still hard to believe. Checking the court files only added to his nightmare.

"The court records said my house is no longer in our name but it is in the name of some Duval trust group," said Baxley.

Baxley lives in a deed restricted community. Like all the other homeowners he has to pay Homeowners Association fees. For two years, he didn't.

"I didn't think they were that threatening," said Baxley. "I basically blew them off. That was my mistake. I blew off the homeowners association."

Baxley saved his home from a mortgage foreclosure in 2009, but ignored the HOA notices. A few days before Christmas, the HOA evicted Baxley from his home.

The HOA and filed and won a foreclosure lawsuit against him.

"I had no clue in my mind that for $532, they would take my house from under me and make me move," said Baxley.

Baxley is now leasing an apartment, but attorney Fred Elefant said the chances of Baxley getting his home back are remote.

"The Clerk of Courts issued a title certificate a deed to the new owner," said Elefant, "so this person is out of luck."

Elefant, who represents a number of HOAs said HOAs are getting more aggressive.

"They're getting more aggressive because there are a lot of homeowners who are not paying," he said.

Baxley's warning to others is don't make his mistake.

"I want other people to know what happened to me because I don't want anything else to experience this trauma," said Baxley.

The court record reveals Baxley can recover the difference between what he owed the HOA and how much the home was sold for, but he has to file with the Clerk of Courts.

Elefant said it is not over for Baxley. If the buyer fails to pay the mortgage, Elefant said the bank will file a mortgage foreclosure lawsuit against Baxley even though he no longer owns the house.

The lesson is to take all notices seriously and always respond to court documents.
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#2 tuckeratlarge

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Posted 06 January 2013 - 00:13

So let me get this straight. In the US and A you can be thrown out of a house you own by a Housing Association?

A house you pay for can be taken away by an entity that neither owns the house or land it's on.

Think I'll stay in a less mental place thanks.

#3 The_Observer

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Posted 06 January 2013 - 00:16

WTF all over 532$. Very thank full we dont have such a thing here in New Zealand! I have the question the point of these types of groups.

#4 linsook

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Posted 06 January 2013 - 00:19

So let me get this straight. In the US and A you can be thrown out of a house you own by a Housing Association?

A house you pay for can be taken away by an entity that neither owns the house or land it's on.

Think I'll stay in a less mental place thanks.


deed restricted community:
"It means that your deed was issued to you with strings attached, such as staying in compliance with the homeowners association rules and regulations. Some are run by a board of homeowners with common sense rules, some by busy bodies that have nothing better to do than make every ones life miserable.

Personally, I would run far and fast from a home owners association or deed restrictions of any kind. What you may agree with today may be fine but what they dream up in the future you might not want to live with. I only have two dogs and a cat for a pet myself but I don't want someone telling me I can't have 3 dogs or I can't have a pot bellied pig for a pet if I wanted one."

found that on yahoo answers lol

#5 redvamp128

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Posted 06 January 2013 - 00:22

The true question is-- Has he paid off the Land -- if so then He outright owns the land and can ... call them for trespassing. The deed for the house may have that stipulation, but if he has and owns the deed to the land then had them arrested for criminal trespass .. which I saw them do one county over in FLA about 8 years ago.

In other words the House deed may have that stipulation but land ownership can not have that stipulation.

That was how that person won against them.... which there was a counter suit... that he won for them not having the proper permits to build a house on his land.

They ended up having to pay full price for the land.

#6 xendrome

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Posted 06 January 2013 - 00:25

Yeah the guy knew what he was getting into when he signed the paperwork for the house... so he gets what's coming to him.. I don't feel sorry for the guy at all.

#7 Biotoxic_hazard_835

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Posted 06 January 2013 - 00:25

This is stupid beyond reason. This HOA concept is just a pain in the rear end, they want to control almost everything you do in your house. They want to tell you what colors you can and can't paint your house, what time and when you can have a party in your house, what time you can and can't mow the lawn and even if you can decorate your house during Christmas time. Fortunately in Puerto Rico at many gated communities and condos at the moment you sign the house contract you can sign a waiver form if you do not agree to form a part of the HOA or pay the fees. You won't receive any benefits or be able to vote in any HOA meetings but you are free of their control an hassle.

#8 *RedBull*

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Posted 06 January 2013 - 00:26

Yes I think that's not right and is an injustice. But the man did sign the agreement to the association.

#9 sc302

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Posted 06 January 2013 - 00:27

I have a few friends that live in HOA neighborhoods...you can't paint your house without being voted on...you can't add things to your house without it being voted on (exterior wise)....if you add something and it is not the same color as everyone elses (a townhome community) you will be sent a warning.

Yeah, they are stupid. I own it, it is mine, I will continue to do with it as I please...HOA's are not for me and I am not paying a fee so that you can dictate what I can and can't do to my property.

#10 Lord Method Man

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Posted 06 January 2013 - 00:50

I went shopping for a new home last summer. Anyone care to guess what the very first requirement I gave to the real estate agent when looking for listings?

#11 wv@gt

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Posted 06 January 2013 - 01:10

My parents are currently in a homeowners association house, the association is there to make sure any work done on the houses keeps it looking historical. Many neighborhoods around here have a big problem with people tearing down the older homes and putting suburban mansions in, with no resemblance to the surroundings. The association here is to protect that from happening. So these associations aren't all bad, but yes, you gotta read and take these agreements seriously. my parents were fined for some of the renovation work done on the house, doing work before a vote happened. thats just part of living with these homeowners associations. this guy knew what he was messing with, yes its overboard (the eviction), but it sounds like others were ignoring payments also, so a more serious punishment makes sense.

#12 +Majesticmerc

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Posted 06 January 2013 - 01:19

I have a few friends that live in HOA neighborhoods...you can't paint your house without being voted on...you can't add things to your house without it being voted on (exterior wise)....if you add something and it is not the same color as everyone elses (a townhome community) you will be sent a warning.

Yeah, they are stupid. I own it, it is mine, I will continue to do with it as I please...HOA's are not for me and I am not paying a fee so that you can dictate what I can and can't do to my property.


Screw that ****. Why do people even put up with that sort of bureaucratic dictatorship? These people pay a fee to NOT be allowed to do something!

#13 seta-san

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Posted 06 January 2013 - 01:22

So let me get this straight. In the US and A you can be thrown out of a house you own by a Housing Association?

A house you pay for can be taken away by an entity that neither owns the house or land it's on.

Think I'll stay in a less mental place thanks.


They are special neighborhoods, typically for the rich or upper middle class. They have all sorts of special rules as far as parking and how you keep your house, association fees, etc. In exchange you get to live in a safe, often gated community, where property values remain high and unexpected things don't happen. There's other benefits too, like a private snow plows, trash pick up, etc.

for the record if you buy a house within a cities limits is basically the same thing except lower standards. In a city you have to pay an annual property tax even after you paid for your house. In a city you are subject to some basic rules on how you keep the house and certain safety standards. You are required to shovel the sidewalks and mow the grass between the curb and side walk despite that fact that it's city property.

so yeah. neighborhoods homeowners associations simply ramp up the rules the city already has in place.

#14 Rohdekill

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Posted 06 January 2013 - 01:26

I have a few friends that live in HOA neighborhoods...you can't paint your house without being voted on...you can't add things to your house without it being voted on (exterior wise)....if you add something and it is not the same color as everyone elses (a townhome community) you will be sent a warning.

Yeah, they are stupid. I own it, it is mine, I will continue to do with it as I please...HOA's are not for me and I am not paying a fee so that you can dictate what I can and can't do to my property.


You're also not seeing the benefit. If your neighbor(s) paint their houses in obscene colors or decorate in that it appears sickening to the eyes, etc... they decrease the value of the neighborhood which effects the value of your house (and appeal) when selling.

You also fail to realize that these so called stupid rules are voted on by the very same people who are paying the dues and living in the neighborhood. It's not as if a third party living in another state is making up rules on a whim.

By the way... these very same rules are the same as every other neighborhood who don't have an association....it's just covered in civil law. It is very common these days for people to sue their neighbors over a new fence, building addition, or decoration when they feel it may effec the value of their house, its sale appeal, or the neighborhhod in general.

#15 dvb2000

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Posted 06 January 2013 - 01:28

So let me get this straight. In the US and A you can be thrown out of a house you own by a Housing Association?

A house you pay for can be taken away by an entity that neither owns the house or land it's on.


and apparently the mortgagee (bank) doesn't have first dibs either!
In Australia the Mortgagee is the owner, and a "housing association" can not just come along and usurp ownership.