[Vh-homeowners] Welcome to the VHA foreclosure forum

[John Swann]

This email is to welcome folks who chose to join the forum regarding
foreclosure.

When signing up, someone raised the question of whether foreclosure can be
used as a tool to deal with someone who neglects their property. The answer
is no. Under California law the ONLY reason a HOA can foreclose on a member
is for failing to pay their dues.

If you consider the possible reasons someone might not pay, the injustice
of HOA foreclosures comes into focus—at least it does for me. Reasons could
include financial difficulty, illness (physical or mental), cognitive
decline or maybe a short-sighted belligerent attitude.

The Davis-Stirling Act specifically allows other methods to collect
dues—the most important of which is the lien. The holder of a lien will
always get paid—eventually. Diane and I favour the use of liens to collect
debt.

In April after the zoom meeting with our lawyer we sent an email to the
Board expressing our views about HOA foreclosure. Please see the
attachment. It was intended only for the Board, but the Board sent our
email to the VHA lawyer. She wrote a response and, surprisingly, the Board
will not allow us to read it.

The upshot is that we will not vote to adopt new CC&Rs unless the following
sentence (or something similar) is included in the preamble:

“Village Homes does not authorize foreclosure on the home of a member.”

Thanks for taking an interest in this issue. Comments and questions are
welcome.

Cheers, John & Diane
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