Questions were asked at the recent homeowners meetings regarding homeowners who do not pay their homeowners dues.
Question: “Why does it take so long to eventually get these homeowners to move out of Kenthill Townhomes?”
Answer: First there is a letter. Then there is a letter with a fine. Eventually, after 90 days, a lien is placed on the Unit. From that point on, it is not cost effective to pursue the homeowner. Collection agencies are prohibited according to our old Declarations as well as our new Declarations. During this time, until the next step, the only option available to the Association is to take the homeowner to small claims court. However, even if the Association wins, and it is not guaranteed that they will, they still have to obtain the money form the homeowner. And the homeowner may not be willing, or even able, to pay. When the amount owed reaches $1000, it becomes cost effective to begin again with the Attorney for the Association, and begin the legal steps to foreclose on the Unit.
From this point on, it becomes a matter of legal steps, a series of back and forth legalities, whereby the Attorney for the Association and the homeowner go back and forth with the foreclosure process. A foreclosure is filed. A stay of foreclosure is filed. A filing to forego the stay is filed. A request to make payments is requested. A request to make payments is denied. A check may be sent. The check may not be honored (bounced). A request for an extension is filed. The request for an extension is denied. Even when the Association wins, the courts are so far behind in cases in backlog, that it may still take an enormous amount of time to get it through the system. [Many, many people are filing for bankruptcy]. By this time, the homeowner may owe Kenthill Townhomes Homeowners Association thousands and thousands of dollars in back dues.
Eventually, there is a Sheriffs sale, and the homeowner is evicted from the Unit. Then there is a Trustees sale. This is where the Unit is placed up for sale by the bank or the mortgage holder. Then the Unit eventually sells.
