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HOA Threatens Foreclosure Because Laid-off Man Can't Pay Dues

Posted: 4:14 pm EST November 10, 2008

A homeowners' association is so determined to collect its money, it's threatening to foreclose on a man's home because he hasn't paid his dues after losing his job.

Thomas Canuelas says he's struggled to put food on the table. To make his mortgage payment, he's sold jewelry, furniture, cancelled cable and now boils water for his kids to take a bath.

"We don't have hot water, we haven't had hot water for about..." he said, unable to finish his sentence without breaking down.

Canuelas thought he was prioritizing by not paying his $370 a year homeowners' association dues.

But the Orange Cove HOA in Winter Garden turned him over to its attorneys. Canuelas was sent a bill for attorney fees, interest and copies. His $300 bill for dues has now hit $1,400.

Canuelas says he tried to work out a payment plan but the HOA wouldn't accept less than $500. Since that's $200 more than he originally owed, Canuelas says there's no way he can afford it.

The next step is foreclosure. The president of the HOA took went to the former president's house when asked about the matter. They ended up referring the matter to their management company. The manager there wouldn't comment on pending litigation.

Real estate attorneys say many people don't realize that the covenants that govern HOAs give the organizations the power to foreclose when people fall behind. However, attorneys point out that ends up hurting both parties because neither ends up getting the money.

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