I’ve seen some bad HOA reports, but this one takes the cake house.
“As a result of your actions, we will be invoking section II, Article 4 of the Bylaws, which allows the Board to foreclose on any property that is in violation.
If you are an owner, you or your tenants must vacate the property by April 30, 2020. You will still be responsible for any liens on your property, including mortgages.
Attorneys, please weigh in. I think I see a few issues here.
1. First off, the eviction notice appears to violate Tennessee eviction law, which I understand requires allow the resident an opportunity to “cure” the alleged offense, not to mention certain time frames (and specific reasons which don’t seem to include working from home in an emergency).
2. The HOA will “foreclose”? The HOA is the mortgage holder? That seems unlikely, as buyers normally get their own mortgages from whomever will give them the best rate.
3. Now, if the HOA believes that working from home during a pandemic somehow damages the Association so badly that they are entitled to these homes in recompense, wouldn’t they need to file a lawsuit and win, first?
4. If the HOA is the mortgage holder, and can theoretically foreclose, even that must follow state and federal law. This appears not to.
5. If the HOA is simply deciding to take the home, leaving the owner of record on the hook for the mortgage — presumably so it can resell the home to another sucker — that would seem to my unlawyerly mind to be theft (the unauthorized taking) and fraud (selling someone else’s property to another party). Isn’t that massively criminal?
6. Assuming #5, isn’t this a an organization (the HOA company/corporation) conducting an organized criminal action? Looks like a RICO case to me.
OK, attorneys; tell me where and how I’m wrong. Or right.
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