Tag Archives: HOA

Court of Appeals rules that Nevada HOA liens do not supersede first mortgages

Mortgage lenders and investors needn’t worry about whether a homeowners’ association super lien will be given priority over a first mortgage in the state of Nevada, at least for now.

According to an alert published Monday by Ballard Spahr, the Ninth Circuit Court Appeals ruled last week that an older version of Nevada’s laws, which previously gave super-priority status to HOA liens, is unconstitutional.

Read on.

Homeowners: From $150 HOA fee to foreclosure

Hillsborough County homeowners are battling their HOA in a foreclosure fight, but one missed payment could cost the family their home.

“Because of $150, we’re going to lose a $300,000 home,” says homeowner Tina Lopez.

The Riverview family is taking on the Rivercrest Community Association, who just sold the home at auction.  The Lopez family claims they didn’t have any warning.  Now, the HOA fight could leave the family homeless.

“This is our life.  This is our family,” says Tina Lopez.

The Lopez family has called their Rivercrest neighborhood home since 2005, when they bought if for around $270,000.

The HOA put a foreclosure lien on the house and recently sold it at auction for $19,000. The family’s cut: $14,000.

“You have a company that comes in and says let’s just take your house away.  It’s not right.  There’s no compassion.  It’s not morally right,” says Tina Lopez.

Read on.

Action 9 helps local family get their home back after HOA foreclosure


The Port Orange family who called Action 9 after their home was sold at an HOA foreclosure auction won’t be kicked out after all.

They lost their home after failing to pay just $1,900 in association fees.

The couple’s attorney had filed a motion to vacate the sale as a long shot.

But after Action 9’s story aired, the HOA and the new buyers offered to settle outside the courtroom.

“It’s not right, it’s disgusting, it’s not right,” said Katelyn Annis.

Two days after our story aired there was a dramatic turnaround for Annis and her family.

The investors who bought their Port Orange home at the HOA foreclosure auction is now willing to sell it back to them for $15,000.

Read on.

HOA sells Port Orange family’s home over $2K debt


Wow, how stupid the law in Florida for a HOA to foreclose  on a home. And this couple didn’t have a mortgage!

A Port Orange family will be kicked out of their home after it was sold at auction over a $1,900 debt.

Homeowner Katelyn Annis says it’s not fair.

“It’s not their home, this is our home.”

Annis, her husband and children will be kicked out of their house in a matter of days.

The Waters Edge Homeowners Association foreclosed and sold the family’s home at an auction to collect $1,900 in overdue fees, plus a few thousand dollars in legal costs.

Annis claims they were never told about the auction.

“I feel so let down by the HOA, by our neighbors, by the board,” she said.

Read on.

Homeowner beats HOA in lawsuit over purple backyard playground

The swingset can stay. A Missouri judge has ruled that a suburban Kansas City family’s purple swingset won’t need to have its color changed, following repeated threats from their homeowners’ association. Per Fox News:

“We’re super excited, we’re very happy,” Marla Stout, who owns the swingset, told Fox4KC at a neighborhood barbecue Sunday celebrating Friday’s ruling.

The article explained that after an initial hearing on Aug. 21, the court ruled in the Stouts’ favor.

But after eveyrthing that has happened, the article said that Stout believes the homeowners’ association should apologize to the entire neighborhood.

“It’s been very embarrassing for our community and its cost every resident in this community a lot of money and reputation,” she told Fox4KC.

The news first came out in mid-August that the family wasbeing sued with jail time by the HOA over a playground they put up in their backyard.

“We got a notice that we were being fined by the HOA,” Stout said.

That was last year. The family fought it and won, but the dispute wasn’t over yet. The family received more letters outlining more serious consequences.

“(The letters said) that if we didn’t remove the swing set from the subdivision in a couple of weeks, we go to jail,” Stout said.

Source: Fox News

Update on HOA threatening ‘jail time’ for family over color of backyard play set

HOA’s actions against this family are just plain evil..

Legal letters demand removal of the purple (!) swing set within weeks.

Editor’s note, early morning, Aug. 14: We reached Marla Stout late Thursday in advance of her  appearance Friday morning appearance on “Fox & Friends,” so this post has been updated throughout. She has mixed feelings about the media attention — which was instigated by neighbors contacting local reporters, not by the Stouts — because of her daughters, ages 8 and 5. “They start school on Wednesday, and this is not how we’d planned to spend our last week together. Bee starts kindergarten, and I was already a wreck over that and then this blew.” She took them out of town, but “my oldest got very upset today and cried because she thinks all of this is her fault because she wanted a colorful play set. My 5-year-old thinks they can stick it. … They have been all over the media and it was fun for five minutes, now not so much. Even though we have overwhelming community support, it’s hard.”

Editor’s note, about 4 p.m. PT Aug. 14: This post has been updated with information on the Go Fund Me campaign that friends and neighbors set up for the Stout Family Legal Defense Fund.

The offenders: the Stout family of Lee’s Summit, Missouri.

The offense: the color of their 2-year-old play set. It’s stained a shade of purple. (Purple! It’s practically a neutral! Well, here at Yahoo, anyway.)

Click here to read about it on Yahoo Homes.

These are documents from the Stout family’s dispute with their homeowner’s association over the color of their backyard play set. The Stouts’ September 2014 letter. Click here.

HOA threatens homeowners with jail time over backyard playground

Yep, you read that right

And now for the latest chapter in homeowner’s association versus homeowner drama, we present this story from Missouri.

A Lee’s Summit family is being threatened with jail time over a playground they put up in their backyard, with the family’s neighborhood HOA objecting loudly to the color of the playground.

According to a report from Kansas City’s KMBC, the Stout family built a playground in their backyard last year. The family’s children wanted the playground to be painted pink, but they settled on purple after negotiating with their parents.

And their HOA was none too pleased about the Stout’s color choice.

From the KMBC report:

The Raintree Lake Neighborhood Homeowner’s Association wasn’t happy about the compromise.

“We got a notice that we were being fined by the HOA,” Stout said.

That was last year. The family fought it and won, but the dispute wasn’t over yet. The family received more letters outlining more serious consequences.

“(The letters said) that if we didn’t remove the swing set from the subdivision in a couple of weeks, we go to jail,” Stout said.

The Stound family apparently went to each of their neighbors to ask if they had a problem with the purple playground. None of them did and they each signed a petition declaring as much, but the HOA said that wasn’t enough.

Again from KMBC:

“I’m really perturbed that they would waste money pursuing something like this,” Dillen Steeby (who lives next door) said. “Money on court costs and lawyer’s fees to attack really good people like this and go after a swing set.”

Source: KMBC