As the saying goes, "All I know is what I read in the papers" (or in this thread as the case may be).
When this all started happening both Mr. and Mrs.Radcliff where having health problems.
I'm genuinely not happy about that, but that's life. Both my wife and I have had past health problems, and I have a degenerative neurological condition that means I probably won't be here to see my granddaughter graduate from college in 10 years. But we manage to pay all our bills on time OR ASK FOR HELP if we need it (and we have needed it at times).
Now the H.O.A. claims to have provided the Radcliffs with all means at their disposal to notify the them of their lein. All except taking a 1(ONE) minute drive to knock on the door.
Was a representative of the HOA contractually obligated to do so?
They call themselves a HOMEOWNERS ASSOCIATIOIN which from the concept of what H.O.A.'s are supposed to represent means AN ASSOCIATION OF HOMEOWNERS COMING TOGETHER TO PRESERVE THE LIFE STYLE OF THE COMMUNITY AND SUPPORT EACH OTHER.
Is that language or similar specifically in the contract signed by the couple? Is the HOA contractually obligated to hold this couple's hand, say pretty please with sugar on top, and make sure they pay all their bills on time? Those are questions to which I would like some answers.
Where was the neighborly help in this situation?
Well, as you note below, the couple apparently didn't bother to tell their own flesh and blood about their alleged financial difficulties. What makes you think they were any more forthcoming with total strangers about them?
All the neighbors I've talked to totally support the Radcliffs.
Good for them. A pity that said "support" didn't include a good, stiff Dutch Uncle talk on the importance of protecting a lifetime investment like their home.
As far as the son's not helping. You can't help someone if you don't know they are in trouble. Especially when they don't even know they are in trouble.
Then why should the HOA or the neighbors be held responsible for the couple's plight?
Sorry, but the HOA are not the couple's pastors, parents, nannies, or attornies. They made a legal offer to the couple, the couple willingly accepted, and both parties signed a contract. The couple subsequently breached the contract and the HOA took the necessary action to protect its interests and the interests of all the other neighbors who somehow manage to pay their bills on time.
The power to avoid this entire mess was in the couple's hands. They blew it and are suffering the consequences as a result. I'm sorry about that but that's life. **** happens.