Normally, it's bankers who go after delinquent homeowners; but in communities governed by mighty homeowners' associations it's neighbor versus neighbor, as the sour economy leaves more people unable to pay fees.
In Huntersville, Jim Lane has filed a lawsuit against the homeowner's association in the Gilead Ridge community, where he owns a townhome. Lane says the association improperly fined him more than $7,000 for planting pansies in a lot across the street from his house. But the lawsuit he filed in civil court details a laundry list of problems he's had with the association - fines for seemingly insignificant landscaping violations, and members of the association sitting outside his house during a party to "ensure the plaintiff was not telling untruths about the board."
Lane, who says he's been shouted down at homeowners association meetings, claims the association has been hijacked. "They ought to be Somali pirates," he told the Observer.
Michael Hunter, the lawyer for the Gilead Ridge community, declined to comment on the pending lawsuit but acknowledged he's seen an uptick in punitive action throughout the Charlotte region, as homeowners' associations try to collect dues, maintain common areas and enforce covenants.
Hunter, whose practice focuses on community and condominium association law, says his business for foreclosures has been flat the last few years. But he's fielded a larger number of inquiries from associations seeking other punitive measures for those who don't pay dues.
"In one high-rise in downtown Charlotte, when people would default, they would take away their elevator cards," said Hunter, who writes a column on homeowner association issues for the Observer. "The statute says you can't deny access, but it doesn't say you have to give them an elevator."
Homeowners' associations long have served as behavior police, banning lemonade stands, solar panels and hanging out in the garage. Past the regal gates and clubhouses, many property owners owe associations more than their homes are worth. Some are struggling to pay bills after losing a job; others have had pay cut, and so have stopped paying dues.
To combat the rise in delinquencies, associations are switching off utilities, garnishing income and axing cable TV. They also are yanking pool passes and banning the billiard room and, in the most extreme cases, foreclosing.
Today, one in five U.S. homeowners is subject to the will of homeowners' associations, whose boards oversee 24.4 million homes. More than 80 percent of newly constructed homes in the U.S are in association communities.
Of the nation's 300,000 homeowners' associations, more than 50 percent now face "serious financial problems," according to a September survey by the Community Association Institute trade group. An October survey found 65 percent of associations have delinquency rates of more than 5 percent, up from 19 percent in 2005.
The rise in delinquencies comes as banks are taking over foreclosed homes then leaving them vacant, more often now than ever. The shortfalls are resulting in higher fees for all other homeowners - and massive financial angst for association boards.
The problems in some communities are resulting in more scrutiny.
State legislatures in California, Arizona, North Carolina, Texas and Florida have taken up legislation that would clamp down on foreclosures.
Not everyone thinks the tactics are out of line, however. Andrew Fortin with Community Associations Institute says, "When people are not paying their assessments, they're not shortchanging some giant multinational corporation. They are taking money directly out of the pockets of their neighbors."
Observer staff writer Cleve R. Wootson Jr. contributed












