I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
The "right of first refusal" that the VA is demanding the HOA give up has nothing to do with any arrears of HOA dues and the HOA's ability to collect those arrears in the event of a foreclosure.
Actually, the Right of First Refusal gives the HOA the option to buy or lease an individual unit before the sale of that unit is approved for an outside buyer.
In other words, if you own the property and want to sell it and you find a buyer willing to pay $250,000 for your property, the HOA has the right to pay you the $250,000 instead---leaving your buyer in the lurch---- and take possession of your home for the HOA.
Simply stated, the Department of Veterans Affairs will not approve residential projects that have the right of first refusal in the By-Laws.
The HOA's lien does not become subordinate merely because the right of first refusal have been given up in order to allow VA financing. The lien still is just as valid and remains in the same seniority as when originally filed.
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I wish you and yours the best in 2015,