Fords Colony foreclosing on home owner for not paying HOA dues

In many states it is not difficult for an HOA to foreclose on a residents home for past due amounts even if the amount owed is just a few hundred dollars.

“The fact of the matter is, the laws of the state of Virginia allow the homeowners association to file assessment liens on properties who haven’t paid their assessments, and they also allow foreclosure on those liens,”

While these situations are rare in Williamsburg. VA this marks the second case filed recently by the Fords Colony Home Owners Association. This time the HOA has engaged the  Association Dues Assurance Corporation of St Clair Shores Michigan to foreclose on a home located at 100 Walton Heath in the Fords Colony neighborhood.

A foreclosure auction is scheduled for September 27th unless the lien is satisfied prior to that time according to a notice that was posted in the local newspaper.

Anyone who stops paying a mortgage knows the bank can come after their home but most don’t realize that a home owners association has the same power.

Sadly I guess it was bound to happen with well over 2000 property owners who have to pay the $392 quarterly dues. Even lot owners who don’t live there have to pay the fee.

The property being foreclosed on by Ford’s Colony HOA is a  5900 square foot nine bedroom home built in 2009 and owned by Patrice Perry. The home is currently assessed by James City County for $701k

( note: we were unable to verify the amount of unpaid HOA fees due on this home)

If an association did not have a means, a forceful means, to collect that money from any homeowner who, for whatever reason, couldn’t pay, it places an unfair burden on every other owner in that association.

Homeowners associations require dues to maintain common areas — pools, parks, landscaping and lighting. After owners default, the associations are left with few options. They can either slash services or raise the fees.

Homeowner Associations generally attempt to work deals with homeowners and only foreclose after dues go unpaid for more than a year or longer, experts say. That way they avoid the attorneys fees and court costs that come with foreclosing. By foreclosing, the associations are then on the hook for maintaining the seized properties. The filing indicates a lien was filed against the property back in January 2011

Frank Rathbun, a spokesman for the Virginia-based Community Association Institute, CAI, said associations don’t want to foreclose, but will as a last resort.

“Associations have to operate as the businesses they are,” Rathbun said. “Homeowner associations have a responsibility to maintain the community.”

Virginia  law allows homeowners associations to foreclose on a home or property if the owner owes money to the association.

The Virginia Property Owners’ Association Act governs the operation of property owners’ associations. According to the act, homeowners associations can file liens on residents if they don’t pay assessments, fines or other costs associated with both.

Nationally, about 62 million people live in 310,000 homeowners associations, condominium communities, residential cooperatives and other planned communities, according to the Community Association Institute. A survey by the group in October found that 65 percent of homeowners associations have delinquency rates exceeding 5 percent, up from just 19 percent of associations in 2005.

What about you ?. Do you think Home Owner Associations should be allowed to foreclose when HOA  fees are not paid ? 

Read more about Fords Colony here

Pssssst…….I’m a real estate agent. This post was authored by local resident and REALTOR, John Womeldorf. John is known around town as Mr. Williamsburg, for both his extensive knowledge of the Williamsburg/ Hampton Roads area and  his expertise in the local real estate market. I can help you access all the information you will need about choosing a neighborhood and buying a home in New Kent, Gloucester, Newport News, Hampton, York County, Smithfield, Williamsburg, Poquoson or the greater Hampton Roads area, including area information on schools, local government, shopping, activities for the children and more! Whether you have made a decision to relocate, retire or are just considering a move to Williamsburg or  Hampton Roads VA, let me help make your transition or PCS to the  area a smooth and enjoyable one! Hampton Roads is a transient community due to the large population of military members in the area. I have a unique perspective on relocation and have helped many families move in and out of the area. I understand the kind of support team it takes to make a smooth transition. Area Orientations Complete tours can be scheduled to help you familiarize yourself with Williamsburg and Hampton Roads neighborhoods, home prices, shopping centers, military bases, recreational facilities, public & private schools and transportation systems. My orientation will provide you with awareness of aircraft noise & accident potential zones, flood zones, major traffic patterns and commute times to your job. You can search homes for sale , active adult communities, 55+ communities, condos and townhomes ,foreclosures/ REO,  land, building lots, commercial property  in Williamsburg , Yorktown, New Kent, Gloucester, Poquoson as well as the surrounding areas of Hampton Roads, Virginia You can reach me by phone at 757-254-8136 or email  [email protected] I look forward to serving your real estate needs! Best, John