New law lets HOA's go after banks

Article and Video Courtesy of 
MY FOX Channel 13 -- TAMPA

Reporter Peter Linton-Smith
Published June 13, 2010

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NEW PORT RICHEY - There are several houses in the Hunter's Creek neighborhood where the grass is long, the paint is fading, and the houses are vacant.

Neighbors call them eyesores, but they've become more than that. Foreclosed homes have become a financial drain on entire neighborhoods.

People often stop paying their HOA fees long before they stop paying the mortgage. Michael Paulson is a member of the Hunter's Creek homeowners association in New Port Richey.

He says once a house is empty, it's impossible to get even a nickel of the past due fees.

"We try to get with the banks who own the home and they don't do anything about it either, so we're constantly trying, it makes our property value go down," Paulson said.

It also forces those who do pay, to pay more.

"The cost of keeping up the common areas, the upkeep of the association and other bills that may come in is now spread out to those who continue to live there and are paying their maintenance fees," Paulson said.

TRANSCRIPT SEN. FASANO STATEMENT:

 

"The cost of keeping up the common areas and the upkeep of the association, other bills that may come in is now spread out to those who continue to live there and pay their maintenance fees."

"The mortgage company, the banks, the lender is now responsible for paying up to 12 months of the maintenance fees, of the monthly dues."

State Senator Mike Fasano authored a bill that becomes law next month.

It allows homeowners associations to bill banks for delinquent HOA fees for home on which they've foreclosed.

"The mortgage company, the bank, the lender is now going to be responsible for paying up to 12 months of the maintenance fees, the monthly dues," Fasano said.

 

Condo associations have been especially hard hit by people who walk away from their homes, leaving thousands in unpaid association dues.

"We just had a special assessment. Everybody here has to pay extra. We had to raise $100,000 to cover these delinquencies," said Bill Sanders.

HOA board members say there is a limit to the number of extra fees they can force their members to pay to help make up for the bills their old neighbors left behind.

"They're saying 'hey look, every $50 dollars a month, you know it really hurts us,'" Sanders said. 


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