Home crisis hampers HOAs

» 4 Comments | Post a Comment

Homeowners' associations got lost somewhere in the shuffle of the home mortgage lending crisis.

No one knows that better than Deby Wine, the president of the Brandy Station Homeowners Association.

The Manassas Park HOA has become a revenue graveyard where many residents pay their quarterly association dues late or don't pay at all, said Wine.

Much of this can be attributed to the spate of foreclosures and abandonments in the town home community. When residents pack up and leave, there aren't too many options the HOA has in recouping the money it already spent to maintain and sometimes improve the neighborhood.

"A house can go through three changes of hands in a three- or four-month period," Wine said. "Meanwhile we're just sending delinquency notices."

To make matters worse, the HOA has been unable to change an obscure section of the covenant that requires homeowners to pay only 25 percent of legal fees associated with not paying their dues.

And HOA rules stipulate that to change the covenant, it needs 75 percent or approximately 103 affirmative votes out of the 137 households. The votes also must be from residents in good standing with the HOA. So far, they have less than 90, said Wine.

"Most that are delinquent aren't off by 20 or 100 dollars," Wine said. "Many of them are off by $5,000, $1,000, or $3,000."

As of August, the HOA was owed more than $14,000 in back dues from roughly 50 residents. In August of 2007, homeowners owed the HOA close to $13,000, a sign that most people don't pay off their dues in one lump sum, said Wine.

On Tuesday morning, Wine picked up trash in the parking lot near her town home, where she has lived in since 1986, when the neighborhood was built. It's a daily routine for her and luckily she has a job flexible enough for her to do so.

Wine has also been spending time establishing towing zones where there were once parking spaces. One of the few recourses HOAs have is to take away parking privileges if dues aren't promptly paid.

The parking situation and overall atmosphere are not likely to improve at Brandy Station and many other neighborhoods in the area any time soon. Many jurisdictions in Northern Virginia and around the nation are bracing for tough budget seasons due to the real estate market collapse.

There were 216 foreclosures in Manassas Park in the first six months of the year and 85 percent of the city's real estate transactions during the same time period were either pre-foreclosures, or "short sales," or post foreclosures.

At the adjacent Stonewall II community, the foreclosure issue isn't quite as bad, said HOA president Donald Shuemaker. However, delinquent fees have spiked at least 50 percent in the 72-unit town home community. With less revenue, capital projects like paving the HOA's two streets are not a possibility in the near future, said Shuemaker.

A U.S. Postal Service employee, Shuemaker has served as the HOA president for six years and lived in Manassas Park for 29 years. He said the foreclosure issue is a sad one, calling parts of nearby neighborhoods "ghost towns."

The house two doors down from Shuemaker burned down several years ago and the last buyer purchased it at the top of the bubble at around $310,000.

Now that house is vacant and just across the street from Wine's town home are seven more vacancies—a microcosm of the real estate world these days.

"It's sad for me to see that," Shuemaker said. "The whole area [around me] is not how I remember it."

Staff writer Kipp Hanley can be reached at 703-369-5738.

Advertisement

 
View More: No tags are associated with this article
Not what you're looking for? Try our quick search:
 

Advertisement

Reader Reactions

Flag Comment Posted by Westridge on October 04, 2008 at 3:44 pm

Thanks for the dialogue, hoagov.

While I understand technically what you’re saying, I don’t entirely agree with the premise of the argument. An Association’s need/requirement to provide tangible services/maintenance/replacements to preserve the property and its values can be considered an advance of “hard-cash”. This “advance” comes from the owners who do pay. And I believe that is exactly why Associations are granted the right to foreclose.

Now, I will admit there are cases where Boards overstep their boundaries - but they far from the majority. A Board’s decision to foreclosure on a property is not made lightly. The problem is, what if someone doesn’t pay? What’s the recourse? Do you not cut the grass? Laws already prohibit shutting off the water or picking up trash (health concerns). Do you not put a new roof on the place - thereby potentially exposing neighboring units to leak issues? In short, do you let the property deteriorate? That’s not what the majority of owners signed up for, or expect.

In case you weren’t aware, Virginia just passed legislation, effective July 1, 2008, which now adds a state-level of protection for HOA owners to appeal Board decisions. Of course, this is a mandatory cost (read “tax”)to each and every HOA and its members. This just adds another layer of government intervention (and cost) that really shouldn’t need to be there.

In my opinion, the idea of foreclosure is really no different than repossession for delinquent car loans. You don’t pay, they take your car. Seems fair.

Signing up to live in a common interest community puts representative democracy at its most basic level. It puts the decisions in the hands of the owners who signed on the dotted line. Its called owning up to one’s word.

Flag Comment Posted by hoagov on October 04, 2008 at 2:16 pm

To Westridge:

You have confused “payment for services” from cash in the bank with an “advance of money” to the homeowner, as in a mortgage.  Seeking foreclosure rights is an attempt to be viewed as a municipality, without corresponding homeowner protections.

Flag Comment Posted by Westridge on October 04, 2008 at 2:02 pm

To hoagov:
To say that HOAs don’t advance “hard-cash” is not true in the vast majority of cases. What about when condos must install new roofs, repave parking lots, maintain pools, replace siding, haul away trash, pay for water/sewage, provide landscaping, etc? The list is of services provided is very long. When members don’t pony-up and pay, then all those who do pay, and pay on time, are the ones footing the bill. Owners signed a contract to become a HOA member - no one forced them. If they don’t like the way things are run in their association, they can run for the Board to try to change things. Just another example of some people looking for a free ride by doing whatever they can to avoid their responsibilities.

As for the article:
There is much more here than meets the eye - or is being reported. HOAs that have and follow good Collection Policies have a good chance of doing ok in the long run. Putting leins on properties and getting court judgments against delinquent owners in a timely manner will help recoup losses well into the future. If the property is foreclosed on by the bank, and assuming a court judgement in favor of the HOA was rendered against the owner, that judgement follows the delinquent owner for a long time - long after they are gone. When they go to get credit for another purchase (car, home, credit card, etc.), it will show up on their credit report. They will then need to pay the back dues to clean up their record. Sometimes the HOA gets it, sometimes they don’t. But you have to try.

Flag Comment Posted by hoagov on October 04, 2008 at 9:18 am

Special Message to McCain and Obama on Homeowner Protections in HOAs

About 20% of Americans live in homeowners associations.  (See Americans).That’s more than either the Black or Hispanic minorities.  These homeowners are subject to foreclosures for HOA “taxes” whereby all their equity can be lost in a $200,000 home for a mere $1,000 in debt to the HOA, plus over another $5,000, in many cases, going to the HOA attorney. Unlike a mortgage company, the HOA has NOT advanced any hard-cash to justify foreclosure rights.  The US Supreme Court has ruled that punitive damages in excess of 10 times the award is cruel and unusual punishment. 

See http://pvtgov.wordpress.com/2008/09/22/special-message-to-mccain-and-obama-on-homeowner-protections-in-hoas/

Post a Comment(Requires free registration)

The commenting period has ended or commenting has been deactivated for this article.

Advertisement

Advertisement

Advertisement