Condiminium living

[pjohns]

In Ohio, you own paint in, IIRC. The association is responsible for everything else. That is why you pay dues: to contribute to the common maintenance fund.

The association is not powerless, it can sue for a judgment and then foreclose. It lacks the will, not the power.

This is not Ohio. And the rules are not the same.

In Tennessee, the homeowner totally owns the unit. Not just partially, together with the association. (I am assuming, of course, that there is no mortgage remaining.)

We do not own the patio, the carport, the tool shed, or any other amenities. But we do own the inner four walls of the unit.

And believe me, the board here would very much like to evict the person I am speaking of--but it is unable to do so.

Tennessee law makes it impossible to evict a homeowner of a condominium unit. The association must wait either until he (or she) moves or dies, in order to collect--anything.

[Collateral Damage]

Why should I be expected to replace something owned by the association?

Why shouldn't the association do "basic maintenance" on that which it owns?

To put it another way: Would you consider it okay to be expected to replace your neighbor's car, when it becomes old and unreliable?

Once again, it all depends on how the agreement/cpontract with the HOA reads. If it reads that you are expected to maintain the fence in your yard to association standards, then you became obligated to do so when you purchased the property.

I'm not going to argue with you. Read YOUR HOA rules, regs and requirements. If it says your are responsible, then you are. If it doesn't say it, then you aren't.

The HOA I lived in in PA, were responsible for the roads, and the covenants required 'rustic' exteriors and (eventually) no heavy equipment or vehicles not owned by the resident. Our yards, and any fencing on the property was our responsibility to maintain, regardless of who actually put it up.

[carolina73]

According to Tennessee state law--no HOA may abridge this--nothing outside the interior of the four walls belongs to the owner.

Oh, and any "fine" would be immaterial, anyway. According to the law, there is nothing they can do to enforce any fine; they simply have to wait for the homeowner to either move or die, in order to collect.

And we do not plan to move. (My wife is 71, and I am 74. She recently stated that her next move will be either to a nursing home or to the cemetery.)

Note: There is one person here who owes almost $1,000 in combined dues--they are $225 monthly--and fines. But the association is simply powerless to collect this money.

But they will put a lien on the unit or even foreclosure depending on the state. With dues they will generally move to foreclose once the bill gets big enough. The collection costs can be added on to your bill.
But you may also find out that you own your doors and windows even if they are shared on the outside. Not only do you own them but you have to replace them with the same product or have it approved by the HOA. It is good not to make enemies.

[pjohns]

But they will put a lien on the unit or even foreclosure depending on the state.

Yes, the association can, indeed, put a lien on the unit; but it is really not enforceable until one either moves or dies.

With dues they will generally move to foreclose once the bill gets big enough.

They did not do this as regarding the person that I spoke of previously (the one who owes almost $1,000).

That is because they are impotent to do so.

But you may also find out that you own your doors and windows even if they are shared on the outside. Not only do you own them but you have to replace them with the same product or have it approved by the HOA.

Yes, my late wife and I replaced the windows on our home next door.

We purchased better ones.

It is good not to make enemies.

Perhaps not if those "enemies" are all-powerful.

I simply do not look upon the condo association as being just that.

[Bigdog]

To me if you don't want these issues and i don't blame you, then don't buy into a home that has an HOA!

You will be under their thumb regardless, and while they can't make you pay them until you try and sell the property, im sure they can make life pretty unpleasant for you if they so choose to do so. I'm glad as hell i stopped looking at condos or anything with a hoa attached to it, couldn't imagine paying to own something and have some pile of s##t groups of turds trying to tell me what color my house needs to be, what kind of windows i can get, the type of fence i can use etc etc.

[DGUtley]

This is not Ohio. And the rules are not the same. In Tennessee, the homeowner totally owns the unit. Not just partially, together with the association. (I am assuming, of course, that there is no mortgage remaining.) We do not own the patio, the carport, the tool shed, or any other amenities. But we do own the inner four walls of the unit. And believe me, the board here would very much like to evict the person I am speaking of--but it is unable to do so. Tennessee law makes it impossible to evict a homeowner of a condominium unit. The association must wait either until he (or she) moves or dies, in order to collect--anything.

I acknowledge that Tennessee is not Ohio. Thank you.

Under Tennessee Code, unless otherwise provided by declaration, if walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces of the walls, floor or ceilings are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements. So - stud out is a common element. Ohio is paint in, Tennessee is wall board in. Slight difference. (I'm talking about exterior walls here)

Under Tennessee Code, unless otherwise provided by declaration, any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit. I'm not sure what that means. It seems to mean to me that you don't own it but you have exclusive use?

Sure. The association cannot evict an owner. It would have to get a judgment and then foreclose. Are you saying that COA's are prohibited from instituting litigation to recover fees and costs in TN? And thereafter to foreclosure to collect said judgments?

Thx.

[pjohns]

I acknowledge that Tennessee is not Ohio. Thank you.

Under Tennessee Code, unless otherwise provided by declaration, if walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces of the walls, floor or ceilings are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements. So - stud out is a common element. Ohio is paint in, Tennessee is wall board in. Slight difference. (I'm talking about exterior walls here)

Under Tennessee Code, unless otherwise provided by declaration, any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit. I'm not sure what that means. It seems to mean to me that you don't own it but you have exclusive use?

Sure. The association cannot evict an owner. It would have to get a judgment and then foreclose. Are you saying that COA's are prohibited from instituting litigation to recover fees and costs in TN? And thereafter to foreclosure to collect said judgments?

Thx.

This was a thoughtful post. I will try to respond accordingly.

Like you, I am really not quite sure what all that which you referenced actually means.

As for foreclosing, I simply cannot see how that might be done by court order (or any other way), concerning a unit that is fully owned by the resident--not even a mortgage upon it.

As regarding any prohibition of "instituting litigation to recover fees and costs in TN," I really wish that your implication were correct: We have one resident here--believe me, he is far from typical--who actually sells drugs out of his home; he gives the entire complex a bad name, so I would very much like to get rid of him. (Yes, he is the same person who is nearly $1,000 behind in his fees and fines.)

The association has tried to get rid of him, by having him prosecuted for drug dealing.

This much, the association is empowered to do.

But it simply has not worked.

He is still here--and, presumably, will be for the foreseeable future.