Rights of Tenants

[Tania123]

What is the name of your state (only U.S. law)? IL

I live in a townhome, and my association is experiencing a waive of defaults. As a result, they are billing the people who are paying the assessment extraneous fees, without any description, etc..

I read the bylaws, and basically, they've been updated so the association can basically do whatever they want, and I accept that.

But one thing in the by laws, is that they said, they had the right to "foreclose on the property"

My mortgage is current, and I 've paid all the assessment fees, however I am disputing the extraneous fees that have no description, and upon clarification the association says, "you have to talk to our attorney" with which I did, and he did not know, nor would break down the fees.

So I talked to mortgage company. I told them even though I moving, I will continue to pay the mortgage to keep our credit in tact, but how the association will take the property due me refusing to pay the extraneous fees.

the mortgage company said that my association was full of crap, and they do not have the power to foreclose, only to put a lien on the house for unpaid unassessments. He said the only people that can foreclose are the property tax people, and the mortgage people, and as long as I am paid, they can not foreclose, only put a lien on your house, but they also told me to talk to an attorney.

I am in the process of finding an attorney, but in mean, would love to hear your thoughts on the matter.

I refused to pay one of their extraneous fees, and was sent a 30 day demand letter, which I properly disputed. (but the attorney didn't) but I still have the issue with the original creditor, my town home association.

Have you ever heard of an association actually foreclosing on someone, when that someone is current with the mortgage and the property taxes? I agree that they can put a lien and do whatever they want, but foreclosing?

If they foreclose, I do not care, as we are moving.. I plan on continuing to pay the mortage to keep my credit in good standing.

The whole thing sounds stupid. If they foreclose, THEY have to pay the property taxes, and their own assessments!! They are still not getting any money.

I dont care about this place, just want to protect my credit, so I will continue to pay the mortage. Will there be an issue with bank? Paying on a property that is no longer mine?

Is the association just bluffing?

 

[Tania123]

Ok, I just found out that law where the association can kick you out is called

Forcible Entry Detainer Provision, where they can kick you out, even if you are current on the mortgage, and everything.

well no wonder they are doing that. They are forcing me to pay extraneous fees, or else they will just do that.

I did receive that notice, and I disputed it. So that went away, but they are continuing to bill the extraneous fees.

Anyone have any experience with this provision?

 

[FarmerJ]

A big problem in many condo/ TH, boards these days literally is having to replace missing money from those who dont pay so they are using EVERY tool available to them to collect but still have to pay bills so those who are paying are having to make up the missing money = Every neighbor who doesnt pay is stealing from you and the others. I know its hard but if you really dont want them to go after you, keep paying your fees and start sitting in on board meetings to keep tabs on whats going on including budget shortages and suggest they make it easier for all by posting on the net or printing off every qaurter a statement showing total number of units behind ( no names) In board meetings you can voice your concerns about cost of services , suggestions re lowering some of the cost or reducing services to save money. I do have a question too , when a unit owner is not making payments does the water service continue or does the HOA have the water service set up in a way that they include the water and sewer fees in the monthly fees? if someone doesnt pay in full are they able to shut off that one units water ?

 

[Tania123]

I am not at all an expert, but from what I;ve been researching, the shutting off of utilities is a big no no, but I am in IL, and am not sure what the law is.

I understand what you are saying.. And I've decided to continue to pay the mortgage and the property taxes, but I am going to let them take my unit. After all, I can not control other people, but I can control myself. So they can have this unit, and then have to steal from everyone else in order to make up for their stupid mistake of not having the decency to at least itemize the bill, and tell me what the extraneous fees are for. If they want to force me out, they got it.

I have no problem paying the mortgage and property taxes, but I am not going to fight with them month after month.

Additionally, the burden of proof is on THEM for whatever they are charging. So I am going to take them to court, dispute the charges, and have them show the judge the proof of the extraneous fees.

Trust me, they wont be able to do that. Their accountants are idiots, and a lot of times, will post my payments in the wrong column, as a CHARGE!! I actually have email copies of the correspondence doing this. They sit on payments, and then pretend that they are late, (etc..)

the whole thing sounds really stupid.

But I guess education is the key.. A lot of my neighbors were locked out of their houses due to the extraneous fees, and they cow towed and paid, but not me. I can just go live elsewhere, no skin off my back. We've outgrown this place anyway.

 

[FarmerJ]

My asking about water services was only a curiousity , see if for example by laws were written stating that after x number of days of non payment water service was at risk of being shut off I suspect some would have incentive to pay the HOA/ condo dues even if they werent paying the mortgage just because it would be so hard to live with out water in a condo . Tania I suspect the only people who are stealing from anyone at that property are the unit owners who dont pay the fees yet keep using water, sewer and trash while they are waiting for foreclosure , leaving the bills behind for all the residents who do pay to eat.

 

[HomeGuru]

But I guess education is the key.. A lot of my neighbors were locked out of their houses due to the extraneous fees, and they cow towed and paid, but not me.


**A: how did they tow a cow? Did they use a farmer?

 

[FarmerJ]

The cows knew enough to set up the humans, got the bulls to push the outhouse out of the way then positioned them self in the right spot after having chewed just enough of the tow rope up, so when the Humans decided to try to tow the cow with the tow rope the rope snapped and the humans fell into the outhouse pit.

 

[HomeGuru]

The cows knew enough to set up the humans, got the bulls to push the outhouse out of the way then positioned them self in the right spot after having chewed just enough of the tow rope up, so when the Humans decided to try to tow the cow with the tow rope the rope snapped and the humans fell into the outhouse pit.

**A: wow, when is the sequel coming?

 

[FarmerJ]

Hg after the cowtow er showers.