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Article
and Video Courtesy of Channel 12 Action News
By
Ken Amaro
Published
November 21, 2012
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 Watch
VIDEO
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JACKSONVILLE,
Fla. -- Since the economic downturn, homeowners have had to choose between
paying their HOA fees and meeting their everyday needs.
"We
have seen a significant increase in HOA delinquencies," said Attorney
Fred Elefant.
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David
Kordek is one of the statistics.
"My
biggest fear is being without a home," said Kordek.
Kordek
is trying to hold on to his East Arlington Home. Recently
he had his mortgage modified but now he's facing another
hurdle -- a foreclosure for late HOA fees.
"It
is very stressful on my wife and I," said Kordek.
"I |
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contacted
the homeowners association as soon as we were granted the home mortgage
modification after fighting with that for three-and-a-half years."
Kordek is
behind on his HOA fees. The past due amount is approximately $1,400
including late penalties, and attorney fees.
"People
don't care about people anymore. Everything is just about money and that's
it," he said.
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Kordek
lost his job in 2009. Real estate attorney Elefant said
that's when they saw a significant increase in property
owners falling on HOA fees. Kordek said he had no choice.
"We
had three years of not nice holidays with no money. We're
going to have a fourth, but on the bright side, I have a
job," he said
Kordek
said his wife is battling liver cancer and that has added to
his already stressful situation. |
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"When
you compute all our bills, all we have is $301.76 left over," said
Kordek.
Under
Florida statute, an HOA can foreclose on his home to collect the past due
fees.
Kordek
finds it hard to believe that he could lose the 17 years he has invested
into his home for past due HOA fees that amount to about $1,400.
The
reality is he can, and now he feels the grip on his home slipping.
"Its
like a roller coaster ride," said Kordek, "You fight and
fight and then you find way to clear a hurdle. Then you think you're going
to move forward and then another hurdle and then you're looking at 'how do
I deal with this?'"
Your
home is normally exempted from such claims, except for your bank and your
HOA.
Attorney
Elefant said a property owner can seek bankruptcy protection or appeal to
the HOA.
Charlene
Thompson is with Kordek's HOA and said they will discuss his case at
the December meeting. Thompson said the decision to move forward with a
foreclosure or to work out an agreement will be made by the HOA board of
directors.
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