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What happens when a HOA isn’t an HOA? The case of the missing representative…

One of my listings in Beaverton, Oregon is in escrow, and though this would seem to be great news, we seem to have run in to a little snag. It seems the owner who has owned the home since 2001 and has never paid and HOA found out from title that according to the title records the HOA needs to be contacted to make sure there are not HOA dues that are due from the seller upon close.

HOA (Home Owners Association)

Here is where the problem lies. She bought the Beaverton, property because there was no HOA. Seems there was and the previous owner didn’t know about it either. Now, the fun part was when we contacted the person who is charge of the HOA, they said they haven’t been in charge of the HOA since 2002 when they moved out of the Beaverton neighborhood.

So, here we are some 8 years later and no new HOA president seems to have ever been elected and the HOA seems to have vanished in to thin air. But, title wants an escrow account to be set up just in case they magically reappear sometime in the future, as this is a short sale and the bank won’t let it close unless this has been set up either.

But, as for now, the HOA is missing and no matter how many times I drive through the Beaverton neighborhood with my big black hat saying “abracadabra” no rabbit or HOA has appeared. When buying a home make sure you read all the paperwork very carefully, as though the owner claimed they knew nothing of an HOA when they bought the property, when she went back through the papers she signed in 1991 there was a paper the she acknowledge that she new about the HOA and the possible dues.

Talk to your agent and make sure you read everything you sign or it could cost you, or delay your closing, if you should ever want to sell in the future. If you are looking to buy or sell in Beaverton, Oregon, give me a call at 503-524-9494 or email me at Todd@IFoundYourNewHome.com, my team and I would love to help you home!


 


Todd Clark (broker w/ Ken's Home Team)
Keller Williams Realty
Todd@IFoundYourNewHome.com
Phone: (503)524-9494
Fax: (503)746-9573

 

 

 

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 I am a licensed Realtor who specializes in Washington County, Oregon and also work in both Clackamas and Multnomah Counties including the cities of Aloha, Beaverton, Canby, Clackamas, Gladstone, Gresham, Happy Valley, Hillsboro, Milwaukie, Oregon City, Sherwood and Tigard. All information contained in these posts are copyrighted and cannot be used without prior written approval authorization from the author me Todd Clark. If you are looking for an outstanding agent please give me a call I would love to help you with all your real estate needs.

 

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12 commentsTodd Clark • December 04 2010 08:44AM

Comments

Todd,  Okay, this is first for me!  I certainly have more than my share of scary HOA stories, but have never had one go MIA!  Suggested....looking forward to seeing some additional comments.

Posted by Deborah "Dee Dee" Garvin, WJ Bradley Mortgage Corp. (W. J. Bradley Mortgage Corp.) about 4 years ago

Todd,  Okay, this is first for me!  I certainly have more than my share of scary HOA stories, but have never had one go MIA!  Suggested....looking forward to seeing some additional comments.

Posted by Deborah "Dee Dee" Garvin, WJ Bradley Mortgage Corp. (W. J. Bradley Mortgage Corp.) about 4 years ago

Todd, great story, well, not great, but you know what I mean!  This is a first for me too!

Posted by Kristin Johnston, Waukesha Realtor 414-254-6647, Waukesha County Realtor, RE/MAX Buyer Agent (RE/MAX Realty Center ) about 4 years ago

I've heard of these situations from others.  In Florida there's a procedure to go through for abandoned HOA's.

Posted by Gabe Sanders, Stuart Florida Real Estate (the BlueWater Realty team specializing in Martin County Residential Homes, Condos and Land Sales) about 4 years ago

Wow, Todd!  Will you let us know how this turns out?  Very interesting!  I haven't dealt with alot of HOA's but would like to hear the end of the story.  Best wishes to you on this short sale.

Posted by Teresa Fiveash, ABR (Keller Williams Realty) about 4 years ago

It is scary that no one seems to know anything about the HOA and that we can't do anything until we do. But, I promise as soon as I figure out what we are going to do I'll update everyone.

Posted by Todd Clark, Broker - Beaverton, Oregon Real Estate Expert - (503) 524-9494 (Keller Williams Realty) about 4 years ago

Todd - thanks for sharing this post.  I'd be interested to see how this turns out for you and your client as I have never heard anything about an abandoned HOA.  Looking forward to hearing of your successful closed transaction.  

Posted by Michael Jacobs, PasadenaCA Real Estate Representation 818.516.4393 (Coldwell Banker Residential Brokerage) about 4 years ago

So we have problems when HOA exists and now we have problems when HOA doesnt exists.

Posted by Andrzej Niemyjski (Solutions Real Estate) about 4 years ago

Todd,

I have posted a couple of Localism items on neighborhoods that come up on GOOG when a Seller, Buyer, or Closing attorney is searching for the HOA contact to confirm the Seller is current on their dues.  Then they call me.

 It is always someone from the neighborhood, but people quit the job often enough that finding the current president is often very difficult.

Posted by Mike Jaquish, 919-880-2769 Cary, NC, Real Estate (Realty Arts) about 4 years ago

Todd,

This is a real problem now days since so many builders went into bankruptcy... Many of the HOAs mentioned in restrictions in our area were never actually formed.. Even those that knew there was supposed to be an HOA, don't know what to do about paying or getting the services they were supposed to have..

 One of the issues it sounds like in your situation is that the atty just said "sign here " at the previous closing and that is what they did without knowing what the form said. Some of that is on the atty and some is on whoever was her buyer's agent. And of course, she has to take her share of the blame since she didn't read what she was signing..

Posted by Sheila Newton Team -- Anderson & Greenville SC Real Estate, 25 years experience -Residential Real Estate Sales (Berkshire Hathaway HomeServices - C. Dan Joyner) about 4 years ago

I have seen where HOA's have been disbanded.  Its up the to title company/closing attorney to address once they have the findings.

Posted by Rodney Mason, FHA 203K, USDA, VA, HomePath Renovation Specialist (Prospect Mortgage) about 4 years ago

Todd, I had to door knock to find the HOA president once. The original skipped town after taking everyones money. The poor new one is learning as he goes.

Posted by Terri Poehler, Coral Springs Real Estate Agent (Realtor) about 4 years ago

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