“You are serving on the Board of an HOA.”
Wouldn’t happen.
“The insurance, and run the risk of being held personally liable for any legal fees and damages? “
Take them to court, being held “personally” liable works both ways.
The problem is that you’re giving a false dichotomy. I don’t have to subscribe to HOA’s, and I don’t have to defend them. With all due respect (because I think you’re not trying to maliciously employ this tactic), but having me defend a position I don’t hold isn’t merely a way to get me to see though someone else’s eyes, it’s a way to try and get me to subscribe to a belief. (Two degrees in the field).
I will not and will not even entertain defending a position I don’t hold. I’ve already outlined my belief in these types of tyrannical enforcements. As OneWingedShark ingeniously has posted the 6th and 7th ammendments, and since I am a constitutionalist at heart, I would direct you to his post.
Being the SUPREME law of the land, and as this is concerning a civil matter of greater than $20.00, my answer will be the same regarding whatever scenario you give me: If you can;t get someone to pay like a gentle[wo]man, sue them like one. IN COURT.
Judicial foreclosure is costly to the community. Either all the residents are then forced to pay for the malfeasance of one, or the association attempts to recoup the increased costs at foreclosure.
If a person wants to exercise their right to redeem their home, they will have to shell out several thousand more to do so. It's a lot easier for a struggling homeowner to come up with $3,500, then $8,500.
Either way, the end result will be the same - the only thing that changes is the price tag to the homeowner in the end.