All Forum Posts by: Julie Smith

Julie Smith has started 5 posts and replied 45 times.

Quote from @Ron S.:

It would be my opinion that a condo lien/HOA lien, is superior to a mortgage lien if the CC&R's were recorded prior to the origination of the mortgage, for the most recent six months of assessments.

Good point. I didn't even think about it in that way. I was thinking the HOA lien was record after the mortgage, but indeed the CCRs were recorded long before the mortgage. Thanks for responding.

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Yes, understood. There are always chances that changes can happen. I guess when I said if it's not in the CCRs I should be able to do what I want is was with possible changes in mind. Thanks for writing.

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Seattle, Washington

Quote from @Theresa Harris:

Quote from @Julie Smith:

Quote from @Justin Brin:

Quote from @Julie Smith:

Quote from @Justin Brin:

Quote from @Julie Smith:

Does anyone have any insight into whether a Timeshare restriction would apply to renting out a condo unit as an Airbnb? Their CCRs do not allow timeshare, but says nothing specifically about AirBnbs. Thoughts? Thanks

I guess the best is to ask the HOA directly if you are not sure? Make sure you get a reply in writing to avoid future issues.

Thanks. Yes, that was my thought too, but I didn't want some secretary (another resident, not a management company) to give me knee jerk reaction when they don't have any legal knowledge.

I believe many HOA will not like short term rentals. I think most people do not want to live near a short term rental. So you want to be 100% sure they allow it and not find out after you bought it that they do not allow it.

Yes, I totally understand, but if the CCRs don't mention short term rentals then I feel like I should be able to do with my property what I want, but yes, best to know ahead of time.

You should be able to do what you want, but when you buy in a HOA or condo, you can't always do what you want.

Yes understood. I currently live-in an HOA and they aren't fun. I was just saying if it doesn't say anything in the CCRs then I should be able to. Thanks

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Seattle, Washington

Thanks so much gor your response.

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Seattle, Washington

Thanks for responding. Yes I think that's what I deduced after talking it through here and thinking about it more.

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Seattle, Washington

Quote from @Account Closed:

Quote from @Julie Smith:

Quote from @Wayne Brooks:

@Julie Smith

The questions you need to answer to make any decision….

What lien holder is foreclosing?

What position are they in? 2nd, third, ?

What liens are superior to the foreclosing lien or will remain afterward? Here, even though an hoa lien is Not superior, it still survives the auction and remains attached.

The lien is in the second position and yes, understood about the HOA lien. I really appreciate all your help and comments.

At this point, I would ask "Is there money to be made". ;-)

I'm hoping so. The mortgage is about 150k and liens 30ish. So I guess we will see how high people are willing to go. I'll let you know.

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As my attorney said, it's a money pit and can go on for years. I even contacted the attorney generals office to see who's in charge of these dictatorships and they told me, no one.

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Seattle, Washington

Thanks, so kind of you.

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Seattle, Washington

Quote from @Julien Jeannot:

Quote from @Julie Smith:

Quote from @Julien Jeannot:

@Julie Smith

I agree with @Justin Brin. Ask the HOA and their property management firm with an answer in writing.

I also share your concern, I've run into plenty of HOA and PMs that have interesting interpretation of their own legal documents.

Thanks for responding.

I currently live in an HOA where the officers think they can interrupt the CCRs as they see fit. Don't follow the rules themselves, but do what they want with other members. I don't know why HOA boards think they are a dictatorship. The laws desperately need to be changed.

Unfortunately an all too common situation. In that case, one the options is to hire a attorney to let them see the errors of their ways.

Best case, a simple letter from the attorney to the board can help. Fairly cheap $250 to $500.

Worst case, it becomes a protracted and costly legal battle and the ROI doesn't play out. Sometimes the best play is to cut your loses and sell.

I tried that with an attorney, they just ignored the letter. Tried suing them, they couldn't get served and didn't respond again to anything in the mail. Judge said he wouldn't hear the case unless they get served properly. They are horrible people. It's a whole thing.

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Seattle, Washington