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God I Hate Homeowner Associations....

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Wingate1217;2334408; said:
Question for the board and especially the attorneys on here. I just found out from my daughter that the HOA has not placed a lien on the house. Probably because he has no proof and it wouldn't hold up in court. He sent a letter to our real estate management attorney's office just detailing what happened but no proof of a certified letter, no proof of a hearing, etc.
I asked my daughter since there is no lien then why don't they just close on the house. She states that the reaestate management attorney will not close because they "can't in good conscience knowing that $ may be owned to an outside agency."
I say close on the sale of the house and what recourse does the guy have without the lien? He can't put a lien on the house after the closing because the new owners didn't cause the dispute.

Our attorney is saying to pay the guy and then countersue him after the fact to get the money back....
I think that is BS and they should just close on the sale....

What do you attorneys think????
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I'm just some dumb IT grunt, but you have to remember that the Real Estate Attorney works for your daughter ultimately. If he won't close the deal, find someone who will. The HOA has zero evidence, no certified letter, no hearing and no standing. If the RE Lawyer wants to bitch out, let him. There are others.
 
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Wingate1217;2334408; said:
Question for the board and especially the attorneys on here. I just found out from my daughter that the HOA has not placed a lien on the house. Probably because he has no proof and it wouldn't hold up in court. He sent a letter to our real estate management attorney's office just detailing what happened but no proof of a certified letter, no proof of a hearing, etc.
I asked my daughter since there is no lien then why don't they just close on the house. She states that the reaestate management attorney will not close because they "can't in good conscience knowing that $ may be owned to an outside agency."
I say close on the sale of the house and what recourse does the guy have without the lien? He can't put a lien on the house after the closing because the new owners didn't cause the dispute.

Our attorney is saying to pay the guy and then countersue him after the fact to get the money back....
I think that is BS and they should just close on the sale....

What do you attorneys think????
Click to expand...
The HOA can certainly file a lien based on alleged amounts due from the previous owners after the home has been sold which is why a buyer (and their lender and title company) typically require a letter from the HOA stating that all HOA fees have been paid current. I doubt the title company would insure against HOA liens without that letter and as I buyer I wouldn't close on a house without a letter from the HOA.
 
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Wingate1217;2334408; said:
Question for the board and especially the attorneys on here. I just found out from my daughter that the HOA has not placed a lien on the house. Probably because he has no proof and it wouldn't hold up in court. He sent a letter to our real estate management attorney's office just detailing what happened but no proof of a certified letter, no proof of a hearing, etc.
I asked my daughter since there is no lien then why don't they just close on the house. She states that the reaestate management attorney will not close because they "can't in good conscience knowing that $ may be owned to an outside agency."
I say close on the sale of the house and what recourse does the guy have without the lien? He can't put a lien on the house after the closing because the new owners didn't cause the dispute.

Our attorney is saying to pay the guy and then countersue him after the fact to get the money back....
I think that is BS and they should just close on the sale....

What do you attorneys think????
Click to expand...

What state is this in?
 
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Anyone know the exact laws (or does it vary) as to solicitation if part of a home owners association? I've been paying my dues for years, but it just popped in my head and I never read the rules/laws I was given (lost them).

Someone came to my door the other day and my kid said they were trying to sell life insurance or something and was going door-to-door.
 
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VBSJ;2334452; said:
Anyone know the exact laws (or does it vary) as to solicitation if part of a home owners association? I've been paying my dues for years, but it just popped in my head and I never read the rules/laws I was given (lost them).

Someone came to my door the other day and my kid said they were trying to sell life insurance or something and was going door-to-door.
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Is the HOA going to arrest them for knocking on your door?
 
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VBSJ;2334452; said:
Anyone know the exact laws (or does it vary) as to solicitation if part of a home owners association? I've been paying my dues for years, but it just popped in my head and I never read the rules/laws I was given (lost them).

Someone came to my door the other day and my kid said they were trying to sell life insurance or something and was going door-to-door.
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That would probably be covered under a city ordinance vs. HOA.
 
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Wingate1217;2334408; said:
Question for the board and especially the attorneys on here. I just found out from my daughter that the HOA has not placed a lien on the house. Probably because he has no proof and it wouldn't hold up in court. He sent a letter to our real estate management attorney's office just detailing what happened but no proof of a certified letter, no proof of a hearing, etc.
I asked my daughter since there is no lien then why don't they just close on the house. She states that the reaestate management attorney will not close because they "can't in good conscience knowing that $ may be owned to an outside agency."
I say close on the sale of the house and what recourse does the guy have without the lien? He can't put a lien on the house after the closing because the new owners didn't cause the dispute.

Our attorney is saying to pay the guy and then countersue him after the fact to get the money back....
I think that is BS and they should just close on the sale....

What do you attorneys think????
Click to expand...

That jack wagon wouldn't get 1 cent from me
 
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VBSJ;2334458; said:
No, I just thought there was no solicitation or something like that.
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As Brewtus mentioned, either there is an ordinance against it (though more likely they'd need a permit issued by your local governmental body, I mean, hey, there's against the law, and then there's agaisnt the law unless you give us $50) or, its fine.
 
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AKAK;2334467; said:
As Brewtus mentioned, either there is an ordinance against it (though more likely they'd need a permit issued by your local governmental body, I mean, hey, there's against the law, and then there's agaisnt the law unless you give us $50) or, its fine.
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Thanks.

And I didn't buy life insurance from the guy :biggrin: (in case that was pressing anyone's mind). I did however buy six boxes of thin mints and tagalongs.
 
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Oh, lookie, the North Carolina revised code:

? 47F‑3‑118. Association records.

(a) The association shall keep financial records sufficiently detailed to enable the association to comply with this Chapter. All financial and other records, including records of meetings of the association and executive board, shall be made reasonably available for examination by any lot owner and the lot owner's authorized agents as required in the bylaws and Chapter 55A of the General Statutes. If the bylaws do not specify particular records to be maintained, the association shall keep accurate records of all cash receipts and expenditures and all assets and liabilities. In addition to any specific information that is required by the bylaws to be assembled and reported to the lot owners at specified times, the association shall make an annual income and expense statement and balance sheet available to all lot owners at no charge and within 75 days after the close of the fiscal year to which the information relates. Notwithstanding the bylaws, a more extensive compilation, review, or audit of the association's books and records for the current or immediately preceding fiscal year may be required by a vote of the majority of the executive board or by the affirmative vote of a majority of the lot owners present and voting in person or by proxy at any annual meeting or any special meeting duly called for that purpose.

(b) The association, upon written request, shall furnish to a lot owner or the lot owner's authorized agents a statement setting forth the amount of unpaid assessments and other charges against a lot. The statement shall be furnished within 10 business days after receipt of the request and is binding on the association, the executive board, and every lot owner.

(c) In addition to the limitations of Article 8 of Chapter 55A of the General Statutes, no financial payments, including payments made in the form of goods and services, may be made to any officer or member of the association's executive board or to a business, business associate, or relative of an officer or member of the executive board, except as expressly provided for in the bylaws or in payments for services or expenses paid on behalf of the association which are approved in advance by the executive board. (1998‑199, s. 1; 2005‑422, s. 7.)
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VBSJ;2334469; said:
Thanks.

And I didn't buy life insurance from the guy :biggrin: (in case that was pressing anyone's mind). I did however buy six boxes of thin mints and tagalongs.
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Just one thin mint? That could explode into something gross.

[ame="http://www.youtube.com/watch?v=HJZPzQESq_0"]"a thin mint" Monty Python - YouTube[/ame]
 
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