HOA action

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  #1  
Old 05-19-13, 12:51 PM
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HOA action

Hello
Recently my HOA, Comsource, gave me a violation. They are going around our community issuing many of different types.
Mine said to paint the trellis, fence and the entire house per code of color. It also said to repair siding.
The siding is the pressed wood kind and after 35 years the bottom lip of a lot of boards are black and rotted.
I had done the best I could to address this and thought it looked pretty good. Apparently they disagree.

I have been told they will place a lien on my house if I do not comply.

If I have it painted they may say the siding is not repaired even if I repair the obvious. Next year I will go through the same thing as the wood is not stable. The problem is that have I had many cancer surgeries and am in chronic pain.
We are retired and cannot afford to have the house sided with vinyl.

Can they stop us from selling if we cannot afford the maintenance they have specified in their letter?
We are elderly and ill and cannot afford what they want so do not know what to do.

We cannot afford a lawyer but thought someone here might have a legal response to the lien. That would render us without options.
We would like to sell and lower the price, let the next person attend to it and we would move into something we could afford.
Thank you
 
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Old 05-19-13, 12:57 PM
chandler's Avatar
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How long has you house been the color it is presently? Is Comsource a "new" HOA owner, or have they been there all along? Painting a trellis may kill any possibility of a plant holding on to it. How long has your fence been there in it's present state.
Although I am no lawyer, I am asking questions regarding statute of limitations. If the house has been painted that color for say 8 years, they may have to go suck on a turtle's head. It will depend on existing laws and regulations in your HOA. Fill us in.
 
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Old 05-19-13, 04:13 PM
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I was under the impression that you can only lien a property if you are owed money. Do you owe the HOA money?

Are you planning on selling your house in the near future? If not, who cares about the lien. The lien does nothing until you sell, and they have to refile the lien each year, which they might forget .

This is just info I have heard through the grape vine. Not a lawyer.
 
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Old 05-19-13, 04:38 PM
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TI...HOAs are different I believe. Basically they fine you (if allowed in the Covenants). If you don't pay, they charge interest and it keeps building. They can also fine you more than once...just like an illegally parked car with a window full of tickets. Then they file a lien and after a while file in court to get the money.

I've heard of this being used to drive "undesirables" out, by forcing them to sell and move.

Peter...if the paint is in bad shape...they may want it repainted, but if it has been that color for years (as said earlier), then it may be too late for them. Was it painted an approved color at the time or were you the one that had it painted w/o approval?


As to you selling...as long as the required repairs were specified so that the buyers don't try to come back on you...I don't think the HOA would care a bit.
 
  #5  
Old 05-20-13, 07:31 AM
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townhouse

Hi everyone
I am still working on this but am still gathering information. The house is 30 years old. I painted it about 3-4 years ago. There is not great rot. The siding being pressed wood has black on the bottom in a few areas but is not bad and could be pained. They called this a violation and others are getting them. Comsource is nation wide so have a battery of lawyers. Something is going on and we have to respond in 30 days as to what we plan to do. We cannot afford vinyl and painting the whole house might be a problem with the parts that have been exposed to weather and dry rotted although painted over. Next year they might resurface.
Thanks for you help.
 
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