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    HOA do's & don'ts

    I was wondering if anyone out there knows if a board member of an HOA can just go down and put a lien on someones property without a court order in Michigan....

    This was done to my brother and he was never sent a bill for dues and had no prior contact until this person had a lien placed on the property and it was for dues owed by a prior owner that they never tried to collect.

    #2
    The HOA's management company would be the one who placed the lein, under direction of the HOA of coarse.

    Your brother's real estate agent should have had the past due hoa fees taken care of before he signed the dotted line. Many times when this scenario happens and past due fee's are owed whoever owns the mortgage will eat these fee's before the sale takes place. If someone didn't do their due dilligence and title changed hands part of that sale price would include the hoa getting paid.

    In your case it sounds like the HOA is coming to someone after the fact and I am not sure if they can do that. They should have a clean slate once they took ownership.

    And yes they can put a lein without a court order, its done all the time. What your brother needs to do is find out who is at fault and if it's not his responsibility then he will need to call the HOA out. If not they will continue to harrass and make your life miserable.

    Good luck !

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      #3
      HOA do's & don'ts

      I found out that the prior President of the HOA decided that she knew it all and changed the name on the bills because the HOA had been sending them to the prior owner and not my brother. He was never billed...just sent a threatening letter from an attorney that obviously didn't do his job either and then the attorney put a lien on the house without researching to find out who really owed the money. This ex-pres quit her post 4 months after she started because the rest of the board was getting tired of her loud mouth and unruly manners. She would tell them that she was the president and could do whatever she wanted too. She mis-appropriated over $1000.00 of the sub-divisions HOA dues. I feel she should be made pay this money back and I am considering contacting the State Board on the Attorney in question. I am a licensed realtor and I was taught that we the real estate salesperson should be the ones to do the title search for our clients but then since I have moved back up here from Oakland County I am hereing that the title company should have taken care of this matter. I am also going to call the State Board of RE to find out about this. This ex-pres also tried to get my brother to give her, her hubby and son his air hockey game for the money's that they were trying to steal from him, they both said they could make the fees go away if he gave them the game table. I am presently working to get things taken care of in a way that it will never happen to anyone else in this sub-division. There are other issues going on with these people but right now isn't a good time to post it. Thank you for your comments Meatstick. Oh...and I should let you know that I have taken care of the alleged fees and gotten that straightened out with the board, we're in the process as I said earlier of trying to resolve the problem of the mis-appropriation of fees from this prior pres.
      Last edited by roxy57; 09-11-2010, 06:38 PM. Reason: mis-spelled word

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        #4
        And I thought my HOA was corrupted.

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          #5
          A few of our neighbors did not even knew there was a HOA when they bought their homes. They found out after they were moved in. What kind of is junk that? Their realtor and/or builder selling the home never told them until the hoa docs until they were delivered a few days after closing and moving in.

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