HOA resident applicant questionnaire

I received an email the other day asking for my expert opinion on a proposed application questionnaire for HOA renters.  I replied by asking if the questionnaire would apply to buyers, also, to which the emailer responded, Yes.  Here are the areas of concern as to what should be asked of applicants:

1) Requiring a stated income level (i.e., $30,000, $50,000, $70,000 and so on):

2) Requiring last two year’s tax returns:

3) Please comment on credit score section (Page 1, #3):

4) Please comment on 30-day completion time:

5) Please comment on personal interview by board of directors:

6) Please comment on statement concerning “board’s decision will be final and no reason will be given (i.e., denial).” This statement is immediately above signature line on Page 4:

I responded with:

Adopting such an approach would befit an exclusive community — for those few good men, and women.  It would probably reduce the desirability for the general public, but may attract the few.  It would also hurt sales by existing owners. I believe the promoters of planned communities going back to the gitgo knew that HOAs were not for everybody, but they were interested in the  mass merchandising of HOAs to everyone.

Financial status was already checked by the mortgage insurers, so it buys the HOA very little in any greater protection.   Maybe in regard to getting some assets from the unethical, in my onion, foreclosure auctions. 

However, it will allow a people to people discussion to get a better “feel” for one another.  But, then again, only half the story would be told, since there does exist this unspoken alliance of “No Negatives About HOAs.”  For example, would the board be willing to say to prospective members, “You understand that your home will be collateral for the survival of the HOA?”

It would be interesting to know how this approach plays out.

HOA made no attempt to contact soldier in Iraq before foreclosing

As a followup to the Bogcritics article, While Fighting in Iraq, Soldier Loses Home to HOA,  a June 27th article appeared in the Telegraph Herald (Dubuque, IA), reporting that the Heritage Lakes HOA has hired a PR firm to address all the publicity stemming from this foreclosure.  In short, in dispute are the HOA claims that the assessments were owed before going on duty and when Clauer was on active duty,  and that they never knew he was on active duty.  Clauer’s attorney replied that they never even attempted to call him.

 Not addressing the claims and counterclaims, and adding to the justification for HOAs having the right to foreclose, I wrote in my HOA Constitutional Government commentary, “CAI attorney advises negotiate payments in HOA short sales“,

 I have written repeatedly about the short-sighted, self-defeating, hardnosed position that the HOA does not negotiate and does not give in one inch.  That posture stems from the great fear of a slippery-slope path to a loss in absolute power over homeowners — it would be a seen as a sign of weakness.  How true that is — asking the HOA to face reality rather than to foreclose themselves out of business as the CAI lawyers have been exhorting HOAs to do over the years.

 

And this attitude is reflected in the actions by the Heritage Lakes HOA — we don’t gotta do nuthin’, cause we have the power.

See also the May 2007, Memorial Day: American soldiers are defending a New America, one without democratic protections.