Saturday, July 28, 2012

Don't Buy a House in a Deed Restricted Community

It's bad enough when you have to fight the bank because you are late with your mortgage payments. When you have finally paid off your house and you think things should be better. You can't afford to retire because you have assessments from the Homeowner's Association.  Not really sure why it's called Homeowner's Association because you have little or no rights as the  homeowner. Homeowners's Association have so much power, a real home owner is hard pressed to find a lawyer to help with your case. Large firms like Cole, Scott & Kissane, P.A. Orlando, Florida Office don't even respond to poor individual home owners look for assistance. They are more the corporate type. 

In an online article, Florida homeowner associations have had a difficult time recently because of the number of homeowners not able to pay dues. That said, foreclosure is the only real option once dues are a year or longer in arrears. Florida Senate Bill 1196 was enacted into law on July 1, 2010. This new law allows Home Owners Association to seize rent from tenants who rent from owners who are delinquent on their dues, even before foreclosing. This has quickly become an attractive collection device. 

This work by George K. Staropoli,  Behold the power of the HOA over your private property discusses just another example of an innocent homeowner being forced to protect her rights by going to court.  And hopefully she brings a competent lawyer with her. As noted, almost all of the lawyers practicing real estate, homeowner association law are corporate getting large retainers from association dues and liens.  They are not the Andy Griffin lawyer, on the on contrary, they have hundreds of associates with offices in numerous cities. Staropoli is proposing  HOA member Declaration of US and State citizenship.  Sign the petition Defend the citizenship of all Americans living in HOAs and to end the secession of HOAs from the Constitution One of his very informative articles is Rebuttal against the necessity of HOA foreclosure rights

Note the following, "At the law firm of Fierstadt & Mans, LLP, we represent homeowners' associations (HOAs) involved in a variety of legal matters. Our office is located in Pasadena, and we represent clients throughout the cities of Los Angeles and San Diego." A large law firm in Florida, Taylor and Carls, biggest business is collection, making them an collection agency. Here's a quote from their website, "Taylor & Carls, P.A. recognizes the value of quick, efficient and reasonably priced collections of delinquent assessments for our clients. We are pleased to offer a full service Assessment Collection Department with low, flat fee rates on packages for lien foreclosures, small claims, mortgage foreclosures, appointments of rental receivers, direct collection of rents, and evictions of tenants."  They, the law firms, are everywhere. 

Where is the help for the home owner?  There are all kinds of legal advocacy agencies, but 1-2 specialize in helping home owners.  The middle class is disappearing rapidly.  They are not poor enough for the definitions  of many of the agencies. They certainly are not rich enough or there would be no need for this article. If you are not a veteran or military, there's no help for you.  The National Homeowners Advocate Group is really not national, but located in Texas - Stop Texas HOA Foreclosures. We must unite because you don't even own the house you call your home.

Conspiracy Theory of the Chinch Bug, St Augustine Grass and HOA

Hate your homeowners association? 
As more Americans live in privately owned communities, more lawsuits arise.