Greatest Letter Ever: Rat Infestation Problem

Concrete Helmet

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A lien filed by an HOA is considered a consensual lien! So it is not subject to homestead protection, the same as a mortgage lien! Even if you didn't consent to that particular HOA lien per se, you consented to the HOA's authority to impose one by moving in there. That's the law.
Lenders themselves also acknowledge this which is where Florida's lenders title insurance carries ALTA 5.1 endorsement if in a PUD .
 

alcoholica

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If this degenerate dipsh*t comes back with this nonsense one more time, it'll be obvious what's going on.

He misses his one and only friend Donkers and wants Ox to reunite them in the great beyond. :therethere:
if i was your mom, I would've left too
 

G. Gordon Gator

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HOA Foreclosure
In Florida, HOAs have great legal power. Their powers include the ability to file foreclosure cases against homeowners very much like lenders may take borrowers to court for failing to pay the mortgage. During the hard times of a bad economy and unemployment, many homeowners have struggled to pay their HOA dues. This has resulted in HOAs foreclosing in great numbers. In recent years, HOAs have struggled financially as more homeowners have failed to pay their dues. This has caused associations to pursue foreclosures more aggressively.

When an HOA wins a foreclosure case, the judge signs a judgment declaring the total amount the homeowner owes the association. This amount usually includes the back dues, interest, penalties and attorney fees. Next, a court sale is scheduled. At the court sale, anyone may bid on the property. Often, the foreclosing HOA itself is the winning bidder and ends up with title to the home. The HOA goes into the court auction with a credit for its judgment amount. Thus, if the judgment is ten thousand dollars, the HOA may bid that amount without actually putting up any money. Quite often, an investor will make the highest bid on the property and become the owner. This is where a surplus bid will often come into play.

The judgment in an HOA foreclosure case is almost always a much smaller amount than a judgment a foreclosing lender gets in a foreclosure the lender may file. This is because the amount of money owed on mortgages in foreclosure are usually well over a hundred thousand dollars, if not hundreds of thousands. The amount typically owed to an HOA is less than ten thousand dollars.

When an investor comes to bid at an HOA foreclosure sale, that person will often gladly bid above the judgment amount. For example, if a home is worth two hundred thousand dollars and the HOA foreclosure judgment is ten thousand dollars, it can be a smart move to bid above the judgment amount but below the property value. If there are competing bidders, the winner may get title for twenty thousand dollars and buy a home for a bargain because although that’s more than the judgment, it’s far less than the property value.

If the homeowner who loses title to the property also has a mortgage, the lender holding that mortgage may still foreclose and take title away from the investor later. In the meantime, the winning bidder can make a return on the investment by renting out the property until the lender forecloses or negotiating a deal with the mortgage lender to buy out the bank’s interest. The lender may agree to accept a discounted payoff from the new owner to avoid the costs and delay of a foreclosure
 

CDGator

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To use an old southern expression....

You guys sure know how to beat a dead horse

:deadhorse:
 

Concrete Helmet

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C'mon guys get back to it....
R.04e2954ce0483243320b7b016f37e6a9
 

Double Gator Dad

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Brad, you guys have 3 options:

1) Do nothing further, let it go. At least you got some fine money out of him.

2) Start the letter and fine process again, and let it pile up. Eventually you'll have to sue him again.

3) Put out a proposal to all residents to amend the documents to allow the HOA to "self help" in cases like this. The HOA attorney will have to draw everything up. A members meeting will then need to be called and votes taken via proxy. Assuming it passes (the amount of the majority you need will be outlined in your current documents), you will then have the authority to (after written warnings) send a full crew in there to clean everything up, then put the bill on his account. The workers risk being shot, but I think it's the only way to actually fix the problem.

The best part is when the landscaping crew shows up to do the work.

This situation occurred with a home a couple of doors down from us years ago when we lived in Alpharetta GA. A young well to do couple seemed to be allergic to yard maintenance so the HOA went through the process all the way to resolution.

Many of the neighbors gathered and watched with smiles on our faces as the crew methodically turned a pig sty into a showplace.

Knowing that a four figure bill was on it’s way to them made it even better.
 

CDGator

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I've got a crazy recent HOA story.

I'm on the board of directors for our HOA. It's a neighborhood with 23 equestrian lots ranging from 4-7 acres. Very nice houses all occupied by extremely successful professionals whose properties are absolutely amazing. Trust me when I say our HOA is the least intrusive entity on the planet. Except for one house. The first house entering the neighborhood is owned by a radiologist. It looks like it has been abandoned for 20 years. I have lived here 12 years and his landscaping has never been trimmed in that time. Not once. The grass in the backyard is over 10 feet high. The front yard is cut in the bizarre patches. Small bushes are growing out of the gutters. The exterior walls are covered in creeping ivy. Cars parked everywhere. He claims he likes the "natural look". It is so overgrown that you almost cannot even see a house anymore.

Anywho, we seem to go through property managers like candy. Almost yearly. Which is weird because besides this house... there is almost nothing to "manage". A new one will come in, fire off a complaint or violation letter, he'll respond with a "fuch you", and then they usually quit when it is time to follow up with round 2. Rinse, repeat, every year.

A few years ago, we got a bulldog who stuck around long enough to really sink some teeth into it. After 10 years of violation letters and fines, we ended up flat out suing him. Which he didnt show up to court. So we won. Now the cleanup was judge ordered, not HOA ordered. After 90 days or something, the judge asked us if he did any of it. Of course he didnt do a single damn thing. So the judge ordered him back to court in contempt.

The homeowner wrote the judge a 9 page manifesto. He called the HOA a bunch of maggots, and now the judge is in on it and he was a maggot too. He said in the letter, which is public record, that he aint showing up to court and to piss off. And the homeowner stuck to his word... he didnt show up to his contempt hearing.

Slightly annoyed, the judge now ordered him back to court for 3rd time to explain why he didnt show up last time. In the order, the judge specifically stated the he will be arrested if he doesnt show up. Again, the homeowner drafts another manifesto. He now accused the judge of harassing him. And once again, stated IN WRITING, that he aint showing up. Which he didnt.

Within 2 days, the judge issued the writ of bodily attachment. Which is like an arrest warrant except "go and get him". The popo was sent to his and dragged that dumbass out of bed at 6 am. I saw the whole thing go down because I had to take my kid to the gym and actually let the cops into the gate. The idiot spent 48 hours in jail. 2 days. They wouldnt release him until he paid all our court costs and fines.

That was a couple of months ago. Today, the judge asked the HOA if he did any of the stuff on the original case he lost. Our response: nope.

@bradgator2
What happened to your neighbor’s house in this post?
 

bradgator2

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@bradgator2
What happened to your neighbor’s house in this post?

He was only allowed to be released from jail if he paid our court costs (~$10,000) and had to comply with a court ordered cleanup that met the HOA standards, and maintain it. It took him 48 hours sleeping on concrete to think it over lol.

So he immediately went to work to cleaning it up. Which was hilarious to watch. It was WAY past what a single person could tackle with a battery powered hedge trimmer. He threw in the towel after a couple of days and hired a professional crew. Which was a group of 3 Mexicans and some serious professional equipment. It took them 2 solid weeks, working from sunrise to sunset, to make it decent. Then the house went on the market for roughly double what it was worth.

The listing did not have not ONE photo of inside. If the outside was that bad, I cant even imagine the inside. It obviously didnt sell.

But it is same old routine as the previous 13 years. He hadnt mowed a single time this year. So we sent the violation to him and the judge. It was mowed the next week. But not a single other task has been done. I dont waste any energy over it. There are others who do.
 

Nalt

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