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.

[Pern]

yea, just stop paying your property taxes

I live in the country (ok, it's really a swamp!). I don't pay property tax (yet). Too poor.

[Lazamataz]

This is much like annexation. Cities just annex and send the PROPERTY OWNER a bill for thousands of dollars.

Even worse is the use of condemnation via Eminent Domain laws for the building of shopping malls by a politicians buddy.

[Balding_Eagle]

She told me the other day that her HOA doesn't allow campaign signs in the front yard in her neighborhood!

There is Supreme Court ruling that disagrees with that restriction. It was brought by an Anti-Gulf War I protester, who won at the USSC.

I had a go-around with my HOA a few years back and did some research, which I'd be glad to share with anyone who freep mails me. I put up political signs whenever I wanted to. My HOA backed down.

[TexasCajun]

I once sent my HOA an email, asking why there was a double-standard. They made me paint my home over reported 'fading' but my neighbor's rotting trim, and pealing paint was ok with them.

"Please Do Not Leave Trash Containers Outside for More Than 2 Days After Trash Pickup!" ...or else was their reply.

[TankerKC]

So what's the higher authority, the first amendment, or the bylaws?

This has been a discussion before. Here’s one way to look at it: If your agree not to put a sign in your yard (by agreeing to the bylaws) you gave up that particular part of the 1st Amendment.

[ovrtaxt]

Certainly you aren't defending a foreclosure for a mere $120.00?It isn't so much the money as it is the party who performed the foreclosure. If they defaulted on a loan, okay. They didn't own it. But the HOA? Please.

[alisasny]

THere is not enough information in the 2 articles posted through my google search to suggest that the HOA did forclose with no notice other then the Radcliffs take on the situation.

[Salgak]

That's assuming you can find a place without an HOA.

Around here, ALL new construction developments come with HOAs. . .

[ovrtaxt]

Even worse is the use of condemnation via Eminent Domain laws for the building of shopping malls by a politicians buddy

You've been listening to Boortz too, I take it?

[WFTR]

I wish you well in your efforts to Freep these creeps, but it's probably a lost cause. 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. The HOAs need to be knocked down about five or six notches. They are too powerful in most places.

The other moral is never to buy a home in a subdivision with an HOA. The people who are enthusiastic for HOAs are the kind who have no respect for property rights. If they wanted group control over everyone else's property, they should form a co-op to own the property and just have everyone rent from the co-op. That scheme would be honest. Pretending that the individuals own their houses when in reality all decisions are made by the HOA is dishonest.

WFTR
Bill

[Mark was here]

But the courts uphold entities and their rules over the individual's right to property. Am I off base here? Seems to me the right to life, liberty and property trumps EVERYTHING else.

Your natural rights life, liberty, and property only exist if others agree to respect them.

This means you have to respect the rights of others.

This means a system of trust has to be in place.

If you enter into an agreement with a HOA or anything else, you have to be trusted to keep your word.

Other wise the system of trust falls apart.

When the system of trust falls apart so does the respect for your natural rights.

Remember "Natural Rights" do not exist in nature, animals steal from each other all the time!

Natural Rights are merely a concept in our heads!

[Lazamataz]

No, just stating now that there is more to this story then 120 bucks....

I read in the article about a lien based on an income tax debt, but they don't foreclose houses (usually) for such a thing, and the IRS is not mentioned as the foreclosing party. This is just one of those typical liens put on property for failure to pay a debt. Mechanics liens, Tax liens, ... why, I've even heard of private home-health-aide debts going against a property as a lien.

(My brief and old temporary career as an abstractor is coming in handy....)

[Salgak]

What "should" be and what "is" are two very different things.

When a property has a Covenant on it, you have two choices: sign, or don't buy. . .

[verity]

"Of course, by then, I'll be all old and stuff so I'll be an easy target. :o)"

Not necessarily unless you insist on the painted bullseye on your forehead and a "come get me" sign on your walker. lol

[Lazamataz]

You've been listening to Boortz too, I take it?

I cannot stand Boortz. I'm a Glenn Beck guy. :o)

No, I've read about these abuses on FR.

[cupcakes]

Instead of liens and all that, wouldn't it make more sense if HOA's found a way to strap themselves into a mortgage ala escrow accounts that pay taxes? We've always done escrow on our mortgages so we never had to worry about propterty tax bills. Sometimes when things get rough, it just becomes very difficult to sit down and do the bills.
Something like this happened similar to me recently when I dealt with depression and early pregnancy(no, no notices or foreclosures or anything, but some of the bills did stack up and that isn't like me to neglect that stuff). I finally took the time to put everything on bill pay and it has been wonderful. I can now just check it once a week or so and make sure everything is going through as planned. So if life throws a curve ball now, things continue to get paid.
These folks are in their 60's, I'm guessing the partner that was not sick did not usually handle the bills and neither one were aware of or trusted using a billpay system. Some folks really don't even know that you can get an accountant or financial advisor to handle your bills as well. I've met a lot of folks green on stuff like this and it usually takes getting burnt once or twice before you realize there is help. Not to mention it takes admitting that you need the assistance to begin with.

[cupcakes]

Assuming of course that the couple shared their financial misgivings with their children. Some folks don't.

[ovrtaxt]

I dig Beck too. I switch back and forth usually.

Well, now that I've got everyone all upset about property rights, I'm gonna go to church and plot the Zionist takeover of the planet. ;)

[PackerBoy]

You need a lesson in real estate law. When this land in this subdivision was divided into plots BY ITS OWNER, a deed restriction was also placed on all of the land by ITS OWNER. The land was then sold to others SUBJECT TO THE RESTRICTION, with each purchaser saying in writing that he or she read all the rules in the deed restriction and wholeheartedly agrees to them. The restrictions protect the property owners from one another doing anything against the deed restriction -- like building a rendering plant, or playing their new Bose stereo in the back yard at top volume at 2 AM, or erecting a 500 foot satellite dish.

Associations are legally required to enforce the rules. Associations also often keep the streets cleared of snow, maintain the community swimming pool and tennis courts, and provide other valuable services. These services cost money, and $120 a year is pretty cheap.

Bottom line: these homeowners agreed to lose their home if they did not pay their dues. They have nothing to b*tch about.

[Lazamataz]

I'm gonna go to church and plot the Zionist takeover of the planet. ;)

Synagogue.

Synagogue.