Topic: Any (property) Lawyers in the Fold?

[flybox1]

our community has a HOA.  a necessary evil.  now its necessary.
a family moved out of a house over a year ago for financial reasons.  the home is still in their name.  they cannot be located.  anywhere.  event the police cannot locate them.  the bank will eventually get around to completing the forclosure, and taking the property out of the old homeowners name.  The house was left in shambles.  filled with garbage and old belongings, old food, furniture, rodent feces, etc. the garage bays are broken, and are a invitation for squatters.   this house continues to deteriorate, does not meet hoa  standards, and is directly effecting the home values in our community. 
can our HOA, based on Abandoned Property/Abandonment sections in our HOA bylaws, take legal action against the bank, to complete the forclosure process and force them to maintain the property based on our bylaws?

tia...

[KeithTurk]

I'm not a lawyer but I've experienced this type of issue before....

Most likely depending on the state and local codes the HOA is totally worthless other then genuine peer pressure on a current resident...  Folks that aren't there are hard to intimidate ...

Building code restrictions established by a covenant might be a better avenue to pursue.  If you have a hazard or building violation maybe the City would be interested in helping the bank clean up the property...

Don't forget this is a GREAT buying opportunity...    My wife is a Realtor and we remodel at least one house each year... there's good money in it if you can do most the work...

K

[Duke McDukiedook]

With the state the economy is in it is unlikey the bank will move to foreclosure any time soon for you and your neighbors.

Keith is right HOA will be powerless in this case, codes enforcement is probably the right way to go but again with the economy, cuts in your city staff there probably won't be a big rush to get on this.

Emails and copious snail mail both to the bank and planning/code department with your city to do something about this will help your cause.
Hold a neighborhood meeting if your neighborhood association doesn't have a regular meeting already and record names, submit it to the planning/codes department concerning the deadbeat homeowner and your concerns.

See what a couple of collective minds can do at you neighborhood meeting and take it from there.
Good luck on it.

[Grnrngr]

You might look into "Imminent Domain" laws...here in OR, if you use an otherwise unused or abandoned property for something like 5 or 7 yrs, you can claim title to it, probably have to bring property taxes current, but hey..it's almost free...

[flybox1]

thanks guys.  yeah, the bank is taking their sweet time...

i attend our regular HOA meetings, just this past weekend was our most recent, and we discussed the property.
I, and a few other residents entered the home and secured it best we could.
its a nice property going to hell...

http://web5.co.snohomish.wa.us/propsys/Asr-Tr-PropInq/PropInfo05-StructData.asp?parcel=00956600000400&lrsn=4311518&Ext=R01&StClass=Dwelling&Yr=2006&ImpId=D&ImpType=DWELL&StType=2%20Story
wish i could afford another payment/project, but scrapin' by as it is...

we have local sheriffs deputies in our community.  they indicate that since the homeowners cannot be found, and since the bank does not yet own the property, there is noone to complain to about the conditions.  if no one (the owners or the bank) is around to complain, there is no way to force eventual squatters to get out (unless caught in a separate illegal act).
as far as code violations, thats an angle i didnt think of.  i'm sure, in this case, there are a few...

you guys are great!
thanks for your thoughts/help

[hotpocket]

get someone u know to squat in it

[flybox1]

any forum members need a 3 car garage/shop to complete a build?
trade 30 days free rent for 1 hr yardwork/cleanup per day 
plenty of well-paved backroads to do high rpm plug chops/main jet tests on too

[tramp]

heard that squatters are moving in alot of vacant homes
good luck on your problem
need a match   

[Pinhead]

Holy crap that's a nice house!! If it were in KC I'd set up shop there.