Forum Discussion
dedmiston
Feb 22, 2021Moderator
Is there an Enforcement section in the CC&Rs? And is there any verbiage about the duration of the CC&Rs and whether they expire after the HOA board is dissolved?
The CC&Rs are a contract between you and the association. But if the association is gone, then it seems like the contract would expire with the termination of the HOA.
If they're enforceable though, then don't ignore them. The comment about the liens is kind of only half right. My neighborhood has an HOA and one of our neighbors never paid his dues and racked up all sorts of other HOA fines (barking dogs, house wasn't maintained, etc.). The board got tired of sending all of his fines to collections, so they put liens on his property and eventually perfected the liens to force a sale. It turned out that he was in arrears with his lender too, so the lender piggybacked on the process and foreclosed his house and booted him. It was the perfect storm for the guy, because his restaurant partner got tired of him and won the business, and then he was arrested, convicted, and jailed for sexually assaulting one of his employees.
He was bad news and the neighborhood is better off without him.
Except for the arrest and jail, the whole thing could have been avoided if he'd just paid his monthly $45 HOA dues. The cheap turkey got what was coming to him.
The CC&Rs are a contract between you and the association. But if the association is gone, then it seems like the contract would expire with the termination of the HOA.
If they're enforceable though, then don't ignore them. The comment about the liens is kind of only half right. My neighborhood has an HOA and one of our neighbors never paid his dues and racked up all sorts of other HOA fines (barking dogs, house wasn't maintained, etc.). The board got tired of sending all of his fines to collections, so they put liens on his property and eventually perfected the liens to force a sale. It turned out that he was in arrears with his lender too, so the lender piggybacked on the process and foreclosed his house and booted him. It was the perfect storm for the guy, because his restaurant partner got tired of him and won the business, and then he was arrested, convicted, and jailed for sexually assaulting one of his employees.
He was bad news and the neighborhood is better off without him.
Except for the arrest and jail, the whole thing could have been avoided if he'd just paid his monthly $45 HOA dues. The cheap turkey got what was coming to him.
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