West Boynton Community Initiates Legal Proceedings Against Homeowner Not Paying Dues. What Do You Think?
BY: LITIGATION DESK | BocaNewsNow.com
BOYNTON BEACH, FL (BocaNewsNow.com) (Copyright © 2023 MetroDesk Media, LLC) — Hell hath no fury like an unpaid HOA. That’s the continued theme in South Palm Beach County where another homeowner’s association has filed a lien of foreclosure against a homeowner who allegedly has an unpaid balance of HOA dues. In this case, $2,328.94
According to a complaint obtained by BocaNewsNow.com, Justine Wikenson has had a challenging payment history over the past several months and the Canyon Isles Homeowners Association has had enough. After warnings from Canyon Isles HOA attorneys, a lien of foreclosure was filed for the outstanding amount of $2328.94. That includes quarterly fees of roughly $1335, interest at 18-percent, attorney, and filing fees.
Paying your HOA fees are not optional in Florida. If you choose to live in a community with a homeowners association, condo association, property owners association, or similar, you are required to pay any fee that is assessed by the community. While you can challenge the fee in court, almost all routine fees are considered legitimate and must be paid timely.
Justine Wikenson, according to public records, purchased the 4600 square foot home in October of 2019 for $515,000. Read the complete legal complaint here.
What do you think about a filing a lien of foreclosure over $2300? Share your comments, below.
24 responses to “Canyon Isles HOA Forecloses On Homeowner Over $2300”
-
This is nothing new. You sign a contract and you need to pay your fees. This is very upscale community and there is really no excuse. I know people who live in much older communities with a maintenance is much higher and they manage to pay and it is not easy for everyone.
-
If she could afford to purchase this expensive home, then she can afford the HOA fee. I live in an older community and my fees are higher and I have no issue paying it.
-
The question is…
Is this simply a lien on the property or truly a potential foreclosure, with rights to evict and take possession of it? If just a lien, the property owner will likely assume that it is an amount that must be paid in an eventual sales (reducing equity). If a foreclosure, the property owners have some real risk involved and best be taking action!-
Yes, you can go to court and take possession of the home. You will have rights to live, rent, or sit empty until the bank forecloses on the property. The homeowner will be told to leave by a judge with the property paperwork in hand.
-
-
I lost my home in palm beach county over a $1500 HOA fee that was late . I did pay it but it was late. The lawyers for the HOA lied to the judge in court and he believed them over me. HOA was in Kahoots with the bank
-
Of course this is fine. It needs to be done. The HOA needs dues from everyone; no reason for anyone to be treated differently.
-
Yes foreclose if you have trouble paying then work with the HOA but if you just are not paying the rest of the community suffers and has to pay for it
-
-
My opinion is that anybody that buys a house under H.O.A. guidance should have their head examined. Why do you need some “smuck” to drive around to see if your garage door is open. This isn’t living, its a institution. I don’t care how much money you have but if you think you have to have somebody tuck you in bed at night then a H.O.A. is for you.
-
I agree, these HOA has too much power over people and their properties, we are not in Hitler’s time period.
-
HOA is good and bad, but if you get the wrong person on the board that can’t handle control very well, then you are at lost. Where I live, we have HOA, this one lady, president, got carried away, I mean big time. She was horrible. I mean horrible to the bone. She’s sick with alzheimers now. These battles on earth belongs to God. Just live your best life.
-
-
I agree with you . I owe 3700.00 for condo due fees, the issues are the outside elements of the property is not being addressed , like leaky siding and water damage inside for six years, the house cannot be sold until the problem is fixed, also the next door neighbor has the same problem, they told us to get three estimates and then they will vote on it, They hired the contractor to replace the siding they should contact them
-
-
Screw all HOA’s. I’ll never live in or buy a home where there is an HOA. What I do to my property is my business and not some assholes that think that I have to abide by their stupid rules. Bring it on!! Jackasses
-
-
If you are one of the people who “never live in or buy a home where there is an HOA” good for you.
If you live in an HOA, you know when you moved in the expectations of dues, fees and other required issues the community will face.
The CC&R are given at closing when sign the documents.
If a person is having financial issues, most HOA’s will work on payment plans. Last resort, sell and get out to protect your equity. -
Regardless of being late on dues, it is still taking advantage of someone’s hard luck. People get in situations where they lose their good credit and can’t afford to move somewhere at this day and time where rents are higher than some mortgages. The smart thing for an HOA to do is to get a promissory note applied to the loan, as an option.
-
When a homeowner is not paying the maintenance dues, the other ones are. The delinquent homeowner is living & enjoying the benefits from that community at the cost of others.
P.s. I didn’t read the lawsuit papers but is suppose to initiate the process with a lien.There are two homeowners in my building who are putting the board to a test. They feel they are paying too much. Also, with the constant increase of insurance and the new law, all the expenses we must go through. These two homeowners think the board is responsible for the Special Assessment.
A homeowner said “we do not live at the Polo Club to pay monthly $178.00 S.A. + $360.00 regular fees”. 🤔🙄 -
This homeowner agreed to live in a HOA and knew about at least most of the cost. I think it is criminal to take one’s property when they are delinquent on a small amount of money. Sometimes people have hard times. I think new federal laws should be implemented to protect homeowners against Rogue HOA’s.
-
With the economy the way it is today, there will be many more of this. The hoa, might consider working with the homeowner. The back fees will get paid when the property is sold. The lawyers who take these cases take advanage of the HOA and charge high amounts of money, that makes it impossible to pay it back….
-
HOA are like rats just looking for an escuse to suck money out your life saving if ain’t from issues with how the grass is upkeep, its from garbage cans not probably maintain clean,its from having your garage too crowded or expired vehicle tags on a car that u might be keeping as a classic car,or u can’t paint the house a different color cause u will be fined for it, an eventually if u feel behind on payment they don’t like to work with u because they more than likely want you out of that property n use that foreclosure clause to kick your ass to the curve n live homeless n with a big bill n they can sell it to the next dummy on the list its all a game to them RATS/ HOA never buy from this communities with them in the books???????
-
HOA boards are crooks, pure and simple. While it’s imperative to pay for the fee, it’s criminal for HOA boards to conspire with crooked attorneys to steal a property from a home owner for small sums of late fee. These exploitative almighties do very little in terms of maintenance and upkeep of the community they represent. The levy on home owners simply line up the pockets of the board members and they should be declared illegal. BTW, HOAS are constituted by the developers and not by the home owners.
-
HOA takes a home I paid 500 grand for in foreclosure over $2300, there’s going to be a bunch of dead board members right after. Scummy attorney better hide too!
-
I’m sorry I don’t live in a community like that but the homeowners associations all over the country have become a little dictatorships where 10 people tell 50,000 people what they can and can’t do you know what shut them all down they have become communist and seizing peoples property because they’re power-hungry and it’s out of control ice I personally say shut them all down
-
Maybe it’s time people talk to their state representatives and see if there’s some type of law that can be established to stop this dictatorship of people losing their homes for simple little things . Why not, representatives pass laws for everything else!!
-
Leave a Reply