Posted in the Concord Forum
#1 Feb 27, 2008
Has anyone else had problems with their HOA?
I built my house in January 2007 and at closing requested the whole year of dues ($300) be paid in full. The closing was done with a power of attorney as we were out of state. A year went by and we heard nothing from the HOA or the management company (Hawthorne Management Company) until December. We received a letter from an attorney representing our HOA commencing FORECLOSURE on our home for unpaid dues. I went back over the closing documents and found only $183 was paid at closing. We never received a bill or phone call or ANYTHING! We had a lot of problems with mail delivery early on, but it was straightened out at the post office. I contacted the law firm immediately and explained the situation and they told me they would get back in touch with me after they contacted the management company. A couple of weeks went by and I contacted Hawthorne and asked if they have any record of sending me any kind of notice. They stated they do not have to show proof of anything. I asked if there was anything sent certified - their answer was "we are not required to send anything certified". I contacted the law firm again and the woman I originally spoke to was no longer employed there and I was then told I was to have no contact with Hawthorne and to only deal directly with the law firm.
How do these HOA's get away with this????? I now have to pay $1136.00 or my home will be auctioned off at the steps of the courthouse!!!! If my math is correct, the total owed was $300 -$183 paid =$117 balance. They are taking my $300,000 home over a $117!!!!!!! We NEVER received a notice stating we owed anything more and they are not required to send anything certified!!! I also contacted our HOA president and asked why he could not pick up the phone or stop by to see us if this was the situation. He claims he was threatened one time and he doesn't do that anymore!! So I am now threatened of losing my home over $117!!!
He told me just to pay the money and then try to work on getting some of it back.
I am a business owner in town. My credit is now affected because Hawthorne Management Company cannot prove a bill was ever sent to me. It takes banks months to initiate foreclosure on a home for failure to pay the mortgage - it took just 30 days for an HOA to do this. With all that is going on in the country with the mortgage mess - now you have to worry about your HOA too!!!
#2 Jun 24, 2008
Too many of the stories are taking place. It just terrible about your situation but you are no more than a statistic. Its all big business, a guise, a ruse, designer bait and switch.
Some argue to follow the HOA rules at all cost else do not participate. What the myopic people of this country have yet to become aware of is that all new housing communities being build are owned by HOA. Basically, American freedom and constitutional rights are being stripped away from us because we have no choice but to join an HOA. HOAs are plagues, are wildfire growths which spans faster than the effects of ignited compressed kerosene on a dry summers day.
I am forced to ingest toxic disgusting cigarette smoke daily. I am forced to pay illegal federal taxes to the unconstitutional IRS. I am forced to pay high energy cost just to live. I am forced to pay exorbitantly high educational cost of popular schools else be denied fair wages for performing the exact same work as peers with name brand education. Now this. Now my home state California is all HOA. Next HOA will be all over me.
#3 Mar 9, 2009
My HOA is the same as yours (Hawthorne Management Company). I'm single, and I travel a lot for work, so being out of town for a month at a time is not unusual. When I'm back in town for a few days before I travel again, I'm often left with little time to check out every detail of everything, and I concentrate on getting household things in order, doing bills that aren't able to be done through Bill Pay (such as HOA), etc.
Yesterday I returned to town to find that I received two notices from Hawthorne Management and a letter from a lawyer all within the period between February 15, 2009 and March 09, 2009 (during which I was out of town). The two notices from Hawthorne Management had a portion saying that a piece of siding fell of my house and they were charging me a fine of $25. OK, that would (in my opinion) be wrong of them, but I can handle that. However, they date the time that it fell off as 12/19/2008 and are trying to charge me $25 per day from then to now.
All of them are addressed as coming from Hawthorne Management, and they are postmarked: 2/05/09, 2/10/09, and 3/05/09.
How can they charge all these fees without contacting me prior to sending it to a lawyer, and how can they assess all these daily charges without some sort of certified communication or phone call/message?
#4 Jul 27, 2011
STAY AWAY from the HOA. DON'T BUY any house in the HOA subdivisions unless they remove the HOA. There is very little value added but more HARMS and DISTRESS in dealing with them. It is not worthy. Some of the board directors are acting like DICTATORS or think that they are the kings of the subdivisions. They can be very discriminative if they don't like you for any reason. Even if you pay all your membership fees, they still try to create problems for you. It is a nightmare to live next door to those people. They try to find every little faults or make up their own restrictions that are not even stated in the Covenant Condition & Restriction (CC&R) to criticize you and make your life a living h*ll. Some of the board directors even tried to change the CC&R and claim that the changes are properly voted by the HOA members. I doubt it. I don't believe that their HOA directors positions were properly voted, either. They know that you can't get out of the HOA mess unless you have to sell your house and move, which will cost us a lot of money and efforts. Some of the homeowners didn't even know that there was an HOA until after they bought the house and moved into the area. I wish that there are laws to let people get out of the HOA if they had joined by mistake, or don't want to be a member any more without having to move; and also laws to protect people from being mistreated by those DICTATOR HOA board directors. It is ridiculous that they can foreclose your homes when they don't give you a mortgage loan, or claim that you owe them money. I think the Government should look into this and NOT giving them (HOA) a lot of power to do whatever they want. This is a FREE country and I can't believe there are such dictators existing.
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