HOA Crisis

There is another crisis going on related to the housing meltdown. It's the implosion of HOA's (Homeowners Associations).

For those that don't own homes, a homeowner's association is a group of homeowner's in a community that agree to a covenant and pay monthly dues to support the community. Fees from the HOA may cover landscaping, security, electricity for communal spaces, etc. In New York City that would be similar to the monthly required maintenance fee.

When a home goes in to foreclosure not only is the family that lives in that home affected but the community as well. The first thing people stop doing when they know they are going in to foreclosure is paying their HOA fees. And I can't blame them. In the large scheme of things that fee is minimal and not as important as the mortgage. But currently my community in Atlanta is about 30% short on expected dues and it's largely due to foreclosures. I didn't think this would directly impact me...until it did.

In 2007 there was a drought in the greater Atlanta area and as a result my front lawn died. Over time the grass and bushes were not replaced so now there is nothing but red Georgia clay in front of my home that is blowing all over my driveway. So I went to the HOA with my complaint because I always pay my HOA fees, every month, on time and I have never been late. I asked why am I paying for landscaping when clearly nothing has been done to my landscaping in years. I get this boo hoo story about how they aren't able to deal with the landscaping issue of my property because 1 - they can't get a quorum at monthly homeowner's meetings to vote on the matter and 2 - because people aren't paying their HOA fees, they don't have the money to fix my property.

My first instinct was can I sue my HOA for neglect and not abiding by the covenant? If I'm paying they should STOP servicing the homes that aren't and take care of the people who are. But luckily my home is a tax write off. So I'm thinking of taking the path of less resistance. Getting the landscaping fixed by my personal property manager and writing it off on my taxes next year as a home improvement.

Is anyone else feeling the pinch in services with their HOA's? Anyone have any solutions?