HOAs and Condominium corporations when dealing with delinquent fees, and after following the correct steps, can foreclose on the property to recoup outstanding amounts. In foreclosing, sometimes you need to evict the owners or tenants.
Apparently, for the Jasime Homeowners Association, California, simply knocking on the front door during daylight hours, and communicating the need for eviction isn’t their chosen approach. Instead they hired a security company to perform a 3am raid on the tenants.
After the guards entered the premises, awoke everyone, forced them into the street in underwear and then ransacked their stuff, the tenants had an opportunity to show lease and utility payments. This proved that the tenants were actually renters (with rights) vs. what the HOA claimed – squatters. With the new information, the guards allowed the tenants back into their homes.
The tenants are suing the HOA (and it seems rightly from the report) for a variety of charges. I would have to say that all this could have been avoided if the HOA had made sure that clear, and proper, notification of eviction had been given. Say, during daylight hours.
The best part, one of the security guards hired is quoted as saying:
between you, me and the lamppost, the homeowners’ association is over-zealous.
Really? Over-Zealous. Say it isn’t so!
26 September, 2011
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Now, just like there are senior’s condominiums, storage condominiums, and business condominiums – there are definitely bat condominiums. These are wood structures specifically designed with all the amenities that those cute little mammals could want. If I’m not mistaken, they come with no condominium or HOA fees as well!
What’s not necessarily expected is when bats take residence in the walls of condominiums designated for humans. Indeed, if I found a bat hanging upside down from my bathroom door frame (which Miles Nures and Jennifer Plomt experienced), I would – with bylaws in hand – visit my condo board and have them remove those uninvited tenants too-sweet!
Now, many US states and Canadian provinces have grated bats protected status. This usually means that bats, once they have claimed a nest, cannot killed, exterminated, nor disturbed during the raising of newborns – usually from early summer through early fall.
That means, though unwanted as tenants, the Condominium cannot evict those winged bug eating stomachs (bats eat LOTS of bugs). They have the right to reside!
Now, the moment they leave, it is clearly the condominiums duty to repair and fill in all holes in the roof and siding so that their return can never, ever, happen again. Indeed, the fact that bats could reside in a condominium’s walls is a strong indication that the board is failing to perform their duties and maintain the common property correctly.
13 July, 2011
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When things go bad, they go bad – we have a 40 years old seniors complex (55+) Inlet House in Fort Pierce Florida that has been foreclosing on units that haven’t paid the special assessment of 6,000 (USD) to do a major replacement of plumbing. This repair is also requires the vacation of the units during some of the repairs.
What I found interesting was looking at realty listings for the complex; they average $30.50/sq. foot. Please sir, can I have 12 of them! 726sq. feet for $11,900 – list. A little negotiation and I’m sure you can get it for less.
It comes back to the issue that sometimes a “small” special assessment (6k in this case) is still beyond the keen of the owner to pay – especially in this case where the building is a senior’s residence and many are likely on fixed income. That also means they have less flexibility or ability to absorb the costs of vacating their unit for the repair. It also represents 1/3 of the unit’s equity.
What also has me concerned is the tv report which indicates that Florida is looking at making it harder for corporations to foreclose on deadbeat unit owners. Giving unit owners the ability to pass on paying the costs of their common area and corporate bills is always a bad thing.