01-13-2025, 09:13 PM
(01-13-2025, 07:27 PM)terracore Wrote:(01-10-2025, 01:46 AM)Moderator 2 Wrote: As I said, ask questions.
And if we ask all those questions, then what?
I have another question. If the HPPOA slaps a lien on my property, what are the fines, penalties, interest, and cost to have the lien removed?
I didn't read the entire 12 pages to see if this was already answered, but often times the lien just sits there until the property is sold and then the lien is paid out of escrow from the seller's proceeds. There was a court case in Orchidland where the association attempted to foreclose on a property with a lien and found out the expensive way that they couldn't do that. I don't know any specifics of the case or how the lessons learned might translate to a different road association or even a different owner in OLE but as I understand they haven't tried to do that again.
They haven’t tried to foreclose again, but in the judgment the court also instructed the board that non-judicial liens are not allowed, and gave specific instructions that to place a lien they must first get a judicial determination of the amount, and then place the lien for that amount. For the past 2 years the OLCA BoD has been essentially thumbing their collective noses at the court’s instructions and has been filing non-judicial liens. The number I saw in a newsletter a year and a half ago was 33. I don’t know what the number is now.
It seems logical that a person who is unable to pay their road fees would also be unable to hire an attorney to fight this. So they will continue to get away with it until someone does. And if/when someone does challenge it, as happened with foreclosure, I would expect the punitive damages to be considerable, since the court simply giving specific instructions doesn’t seem to work.
But of course many of you will think this is all fine and dandy since it brings in money. Legal or not is irrelevant. And the BoD will be considered champions for sticking their necks out for our best interests. Our tunes might change if it backfires again and we all get to pay for it.