Friends Problem HOA - Sheriff

[Mach III]

So my friend who is my neighbor owns the house opposite me.

He is a bit oblivious with monthly payments. For example he will wait until the municipality will come to him and ask him to pay his rates and taxes, and then he'll pay like some ridiculous amounts.

He has the money to do that...

Now he has failed to pay his levies for quite some time - something that he was completely oblivious of.

I'm unsure whether they have sent him notices to do so or not; but now he says the the HOA are sending the sheriff to his house to take his possessions to sell for the money. It comes to like R21,000; so he asked them if he can pay it off like R5,000 a month for 4 months; and they refused. So he asked them if he can pay R13,000 now, and R8,000 next month; and they refused. They will take R13,000 and still send the sheriff to take his furniture.

Is this legal? I thought that they should have sent a letter that he would have to sign as an acknowledgement; whereby this is all completely new to him. Personal intuition tells me that they are doing this because they must have seen that he was renovating his home. It also doesn't make sense that they will not accept short term arrangements and that they insist on smiting him.

Any options that he has?

 

[Jehosefat]

Your friend is an idiot... Maybe losing his furniture will teach him the lesson he needs to learn about paying what is owed

Also, for them to be sending the sheriff means that the court has granted a default judgement against him so if the HOA does not agree to repayment terms, there is nothing he can do

 

[Mach III]

Your friend is an idiot... Maybe losing his furniture will teach him the lesson he needs to learn about paying what is owed

Also, for them to be sending the sheriff means that the court has granted a default judgement against him so if the HOA does not agree to repayment terms, there is nothing he can do

I agree to that it is not clever to not pay (or just not reading letters).. I didn't know that it meant that the court has already given a default judgement... thanks for the info...

It's just also really silly from their side that they would go through the effort of going to a court opposed to just speaking to him for all this time.. If they just spoke to him he would've paid.

 

[Rocket-Boy]

I agree to that it is not clever to not pay (or just not reading letters).. I didn't know that it meant that the court has already given a default judgement... thanks for the info...

It's just also really silly from their side that they would go through the effort of going to a court opposed to just speaking to him for all this time.. If they just spoke to him he would've paid.

They would have sent him official communications which are up to him to read.
There are always procedures to follow and I doubt they would have gone to those lengths without having history of him being a bad payer previously.

Generally when you get tired of having to always nag someone for money then you get tired of it and do something.

 

[Beachless]

Let him learn the hard way. Some people need a kick in the arse to grow up, he sounds lime one of them.

 

[pinball wizard]

It's just also really silly from their side that they would go through the effort of going to a court opposed to just speaking to him for all this time.. If they just spoke to him he would've paid.

I think there is something else going on between your friend and the HOA if they are taking this route.

 

[ToxicBunny]

If he does this regularly, he must learn....

 

[Necropolis]

How does he have "the money to do that..." in most cases - but now doesn't?

I reckon he must suck it up and then be a big boy going forward and pay his bills on time.

 

[akescpt]

no sympathy for him. he doesn't have the decency to bring his part then he must go through this. sounds like his couldn't care less attitude has offended someone at last.

 

[Ancalagon]

They would definitely be sending him bills - looks like he ignores them unless they are really serious.

No excuses. He knows he has to pay every month and can afford to. They will definitely be sending him invoices and reminders. He is ignoring them.

 

[Ho3n3r]

:wtf:

I pay any bills - especially relating to where I live - as soon as I receive them.

As others have said, let him learn his lesson the hard way. Sounds like they're totally within their rights. Being 21k behind is a crapload of money.

He seems very ill-disciplined in his responsibilities. I hope for all women(or men)'s sake that he's not married.

 

[saturnz]

if he shows a willingness to settle the debt then they should stop

in my building owing R20k in levies is not that unusual and we usually stop legal proceedings once the owner shows intent to settle

 

[Lord Farquart]

S
He has the money to do that...

so he asked them if he can pay it off

So which is it? Even your recount does not tie up. You must be good friends.

 

[Necropolis]

if he shows a willingness to settle the debt then they should stop

in my building owing R20k in levies is not that unusual and we usually stop legal proceedings once the owner shows intent to settle

But he is not paying it all in one go - He should suffer the consequences.

 

[roadcat]

Also bear in mind that a HOA has monthly costs to pay etc. They rely on levies being paid to be able to perform duties like maintenance, services etc, based on budgeted income. So when someone owes that kind of amount they are basically affecting everyone including you.

 

[Ancalagon]

Also bear in mind that a HOA has monthly costs to pay etc. They rely on levies being paid to be able to perform duties like maintenance, services etc, based on budgeted income. So when someone owes that kind of amount they are basically affecting everyone including you.

This.

Basically he is saying, screw you, collect my rubbish and I'll pay you when it suits me.

Doesn't work that way. He has responsibilities as a homeowner.

 

[SauRoNZA]

You meet an idiot every day...

 

[SykomantiS]

Personal loan- pay once off, settle loan over time- have a debit order if he keeps "forgetting" to pay.

 

[saturnz]

But he is not paying it all in one go - He should suffer the consequences.

its not like he is disputing it, whether he is paying it in one go or not is inconsequential to me, even owners in my building settle debts through some sort of reasonable payment plan

 

[saturnz]

This.

Basically he is saying, screw you, collect my rubbish and I'll pay you when it suits me.

Doesn't work that way. He has responsibilities as a homeowner.

our budget for the year is R3m, so 20k owing by a few owners is not the end of the world

it really does depend on the budget of the HOA here to determine the severity of the debt in relation to the budget, but it really doesn't sound like a lot of money to me, and the owner is willing to settle, whats the problem?