Couple lose their home over $120 debt

The Sacramento Bee ^ | January 24, 2004 | Michael Kolber -- Bee Staff Writer

[DelaWhere]

Couple lose their home over $120 debt By Michael Kolber -- Bee Staff Writer Published 2:15 a.m. PST Saturday, January 24, 2004 Get weekday updates of Sacramento Bee headlines and breaking news. Sign up here.

COPPEROPOLIS -- A retired couple's dispute with their homeowners association has spiraled out of control in this Calaveras County community -- and now they have lost their home less than a year after failing to pay $120 in annual dues.

[RGSpincich]

If we had an address or an APN we could get the tax info. The HOA may have just been protecting their lien if the taxes were in serious default. Tax sale would have wiped out the HOA lien. The HOA or new owner would have paid all the back taxes or taken the property subject to a future tax sale.

[HairOfTheDog]

Losing your home for $120.00? That doesn't cause that sense to tingle just a little?

Yes, the tingle is that they should have had the sense to pay it.

[metesky]

Thank you for asking that question. Seems like everyone skimmed right by that one. Cheap ba$tard$ that wouldn't spring $40 apiece for Ma and Pa.

[Tijeras_Slim]

I'd rather be an irritant for the next 20 years.

Not every has your gift. :)

[wgeorge2001]

"Then you have a problem with people voluntarily entering into contracts with each other then?"

People who voluntarily enter agreements with HOA are foolish much like people who would give up their personal freedoms guaranteed by the constitution for security are foolish.
Such people can not be free because they subject themselves to others who would take every thing they work for. HOA's are full of thieves and power hungry peoples who would take a man's home to enrich themselves. Liberals use these HOA's much like robbers of yesteryears who had fiefdoms; near as I can tell.

[Wissa]

HOA's are full of thieves and power hungry peoples who would take a man's home to enrich themselves.

What is your evidence that the people in the HOA are enriching themselves in any way from this foreclosure?

[spectre]

"The Radcliffs said they received few of these notices and didn't know their home had been auctioned off until they received a notice to vacate the property on Jan. 7, which they haven't done.

I just don't know if someone can auction off your home without YOU knowing about it? Hello????

I'm not saying it didn't happen, but if it did, then surely they have some recourse??

sw

[Johnny_Cipher]

People who voluntarily enter agreements with HOA are foolish ...

Quite true. I don't live in one and would never live in one. I LIKE my Homer Simpson lawn jockey :)

[jaime1959]

Are there no poorhouses? Are there no debtor's prisons?

[Mark was here]

I think the best course of action would be to help the legislator who is working on a bill to prevent HOAs from doing this kind of thing.

What part of the Constitution would you point to in preventing free citizens from making rules for THEIR property?

The HOA covers PRIVATE PROPERTY!

The constitution protects freedom of association.

Free people should be able to enter into contracts, even if they are stupid!

Any legislation you want would change the rules after the game has began, scary stuff, you seem to be saying that the State has the right to fix any stupid mistake anyone makes -- that no one is responsible for their decisions -- that if someone enters into a dumb agreement it is not their fault -- it is the states for allowing it!

So anyway, What part of the Constitution would you point to in preventing free citizens from making rules for THEIR property?

[Taffini]

"financial terrorism"


good phrase. I'm going to use it. thanks.

[Kaslin]

A friend of mine who lives a couple of blocks to the south of me is a very active person in the Republican party. She has held fund raisers for the Bushes, Tom DeLay, Ron Paul, Kay Bailey Hutchinson, etc. in her home. She told me the other day that her HOA doesn't allow campaign signs in the front yard in her neighborhood!

I bet if he puts a sign out for the democRats he would not get one complain from the HOA

[BJungNan]

I completely agree with you. This is an outrage. Certainly the $120 should have been paid - it is a stupid amount to lose a home over - but it looks like the costs escalated way out of control with late fees and penalties.

From $120 to $2000, that is really bad. Some would say usurious.

[HairOfTheDog]

Good grief. The HOA is whoever takes part in it in the neighborhood. People act like it is some ~mysterious~ outside force.

Every neighborhood I have ever heard of has some basic covenants. Some even have fees. The fee we paid where I grew up maintained our common well, road, and community beach. The covenants also prevented people from having farm animals, businesses or junk cars in the yard. The covenants are not designed to make life miserable for all residents, but to protect the neighborhood and provide for upkeep of common property that make the neighborhood desirable. If an HOA is out of control or doing things the residents don't like, they can run for offices in it. It is THE definition of local government.

[BJungNan]

Very well said.

[razorback-bert]

Since the HOA is supposed to be made up of neighbors, why didn't they go in person to see why they were not paying?

[RGSpincich]

The members of this fiefdom have the ability to vote for their masters.

Only 35% of the elgible voters returned the ballot. If you don't vote, screw ya. And they will.

[gitmo]

I agree. That damned 1st Amendment causes all kinds of ugly stuff. < /sarcasm>

[Wissa]

From $120 to $2000, that is really bad. Some would say usurious.

I'd assume the contract had a clause saying they'd be responsible for the legal fees involved in collecting the debt if they refused to pay it voluntarily. The HOA most likely had money out of pocket to pay for the necessary paperwork to collect the money the couple had previously agreed they would pay. Seems fair for the couple to have to pay for the extra cost resulting from their refusing to pay the bill when due.

[waterstraat]

Homeowners Associations are true democracies.

Majority rules.

Which is why our founding fathers gave us a constitutional republic.