Edgewater Isle North HOA, Edgewater Isle South HOA, and Edgewater Isle Master HOA have all sued homeowners over unpaid dues. Here are some of these cases:
• 1469 Via Vista: 2014: Master files a third complaint
• 1628 Vista Del Sol: 2017: Master files a small claims case
• 1632 Vista Del Sol: 2014: North sues in superior court
• 1664 Vista Del Sol: 2018: North sues in small claims court
• 1937 Vista Cay: 2012: North sues in small claims court
• 2021 Vista Del Mar: 2013: North sues in small claims court
• 2111 Vista Del Mar: 2004, 2008: South sues in superior court. Twice.
• 2112 Vista Del Mar: 2013: Master sues in small claims court.
• 2114 Vista Del Mar: 2013: Master sues in small claims court.
• 2160 Vista Del Mar: 2011: Master sues in small claims court. Twice.
Why does an association use small claims court over foreclosure?
The benefits of using small claims court over a foreclosure or lien are:
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The association can secure a judgment against the homeowner. Once the Association has a judgment, an Association can receive a Writ of Execution which allows them to garnish wages, seize assets (i.e., take money out of your checking account, and they know where that is because at one time the owner probably did make dues payments).
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The judgment follows the owner, separate from the condo. If the condo has little or no equity, or is under water, the Association can still use the judgment to take other assets, including a car.
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Judgment liens can appear on an owner's credit report, which is often a motivator to avoid non-payment of the judgment.
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A small claims court judgment is not held inferior to a mortgage holder's lien on the property.
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