HOA gone nuts. - Page 3 - PeachParts Mercedes-Benz Forum

Idolotor · #31 08-16-2008, 02:25 PM

I fought my HOA and won!

The ONLY way to win against them is to get the media involved like I did.

I contacted three local TV news stations and did two interviews for TV on my story. I also got a newspaper interested, and got a story about my problems with my HOA in the newspaper. Made the HOA furious! I also got what I wanted!

They leave me alone now...

MTI · #32 08-16-2008, 02:34 PM

Quote:

Originally Posted by Jim B.

Small claims court, (where attorneys are not allowed) and naming him personally, as well as the HOA, as defendants, is my thinking, and a request for the maximum amount of punitive damages, along with publicity.

Small claims courts usually have a maximum jurisdictional amount and quite a few allow attorneys to represent parties, but tend not to award fees. Small claims courts generally do now award exemplary/punitive damages.

Non profits are not exempt from civil actions. Further, members of boards or employees are not covered under a company or association "errors & omissions" insurance policy if the wrongful acts are 1) intentional and 2) outside of the scope of their duties or powers. If so proven, personal liability may attach. Regardless, if there is notice given to the insurance carrier, it may result in a higher premium to the association . . . which is passed on via fees to all homeowners.

Jim B. · #33 08-16-2008, 03:04 PM

Quote:

Originally Posted by MTI

Small claims courts usually have a maximum jurisdictional amount and quite a few allow attorneys to represent parties, but tend not to award fees. Small claims courts generally do now award exemplary/punitive damages.

Non profits are not exempt from civil actions. Further, members of boards or employees are not covered under a company or association "errors & omissions" insurance policy if the wrongful acts are 1) intentional and 2) outside of the scope of their duties or powers. If so proven, personal liability may attach. Regardless, if there is notice given to the insurance carrier, it may result in a higher premium to the association . . . which is passed on via fees to all homeowners.

Thank you, that is very good to know. Unfortunately for the Director who rank amok, he also has left a paper trail in the form of dismissive and non responsive correspondence, all of which I retain, and has in my thinking, damned himself by the very words out of his own mouth.

While it is true I am only one person, there seems to be ample proof that he has gone off the rails, and I think it would be quite foolish for the homeowner's association to ratify his acts, though I am sure he has tried to portray me as a nutjob, or pervert throughout the campus.

Hatterasguy · #34 08-16-2008, 03:16 PM

I would never, never, never, never, never, never, never buy a house with a HOA. I don't care if its the best deal and property in the world.

I don't want to deal with the BS.

As for keeping areas nice you don't need them. Just buy in nice established areas, they stay nice. You have to look at the demographics.

Honus · #35 08-16-2008, 03:40 PM

Quote:

Originally Posted by Hatterasguy

I would never, never, never, never, never, never, never buy a house with a HOA. I don't care if its the best deal and property in the world.

I don't want to deal with the BS.

As for keeping areas nice you don't need them. Just buy in nice established areas, they stay nice. You have to look at the demographics.

I agree.

One of the scariest things about HOAs and the restrictive covenants that go with them is that they are perpetual. That is OK in a place like Reston, Virginia, where the HOA culture is a well-established, central part of the community. But what about subdivisions that don't quite prosper? What happens when the HOA falls apart and some of the neighbors decide to ignore the covenants and quit maintaining their property? In that situation the compliant owners have the worst of both worlds - they are bound by covenants and their neighborhood still looks like crap. And there is NOTHING that can be done about it until either the whole subdivision gets bought out and bulldozed or the world ends, whichever comes first.

Nobody ever accused me of being a savvy investor, but that doesn't seem like a good deal to me.

Idolotor · #36 08-16-2008, 03:50 PM

Neighborhoods and subdivisions have voted HOA's out if they don't perform their function.

aklim · #37 08-16-2008, 03:53 PM

Quote:

Originally Posted by Hatterasguy

I would never, never, never, never, never, never, never buy a house with a HOA. I don't care if its the best deal and property in the world.

I don't want to deal with the BS.

As for keeping areas nice you don't need them. Just buy in nice established areas, they stay nice. You have to look at the demographics.

Like everything else, you have to look before you leap. Look at the covenants and see what it entails. If it is within reason, I wouldn't have a problem with it. The only part is if it gets out of hand. Any organization can get out of hand. There are literally thousands of HOAs out there that don't get publicity because they are normal. It is the weird ones that get all the attention that makes people think HOAs are all crazy.

Would you rather deal with the people who make a mess of their place when you are trying to sell?

Not always. Depending on situations things can become not so nice.

aklim · #38 08-16-2008, 03:56 PM

Quote:

Originally Posted by dculkin

What happens when the HOA falls apart and some of the neighbors decide to ignore the covenants and quit maintaining their property? In that situation the compliant owners have the worst of both worlds - they are bound by covenants and their neighborhood still looks like crap.

I don't follow. If the neighbors decide to ignore the covenants and quit maintaining their property, doesn't that mean the HOA, while it is still present, has for all practical purposes fallen apart and cannot enforce the covenants? If so, compliant owners can either vote the clowns out or ALSO ignore the covenants. They are not bound by them if the other neighbors are not.

aklim · #39 08-16-2008, 03:56 PM

Quote:

Originally Posted by Idolotor

Neighborhoods and subdivisions have voted HOA's out if they don't perform their function.

And they should. Work or get fired.

Honus · #40 08-16-2008, 04:06 PM

Quote:

Originally Posted by aklim

I don't follow. If the neighbors decide to ignore the covenants and quit maintaining their property, doesn't that mean the HOA, while it is still present, has for all practical purposes fallen apart and cannot enforce the covenants? If so, compliant owners can either vote the clowns out or ALSO ignore the covenants. They are not bound by them if the other neighbors are not.

It generally won't be black-and-white. If you are the owner who would prefer to enforce the covenants, how do you do it when the HOA is no longer functional? And how do you know whether your neighbors' defaults have released you from your obligation to comply? And who would want to buy into a neighborhood like that?

Honus · #41 08-16-2008, 07:03 PM

Quote:

Originally Posted by Idolotor

Neighborhoods and subdivisions have voted HOA's out if they don't perform their function.

It's been years since I looked at any HOA documents, but I would have thought that you would need more than a vote to get rid of an HOA and restrictive covenants. For example, what about the banks who lent money based on the assumption that an HOA would be looking out for the value of the collateral? Don't you need their approval before getting rid of rights and obligations in the HOA docs?

Even if the owners have a right to vote on something like that, I don't want the future of my real estate dictated by a vote of my neighbors.

aklim · #42 08-16-2008, 07:21 PM

Quote:

Originally Posted by dculkin

If you are the owner who would prefer to enforce the covenants, how do you do it when the HOA is no longer functional?

And how do you know whether your neighbors' defaults have released you from your obligation to comply?

And who would want to buy into a neighborhood like that?

When the HOA is no longer functional the covenants are null and void.

I would suppose that when you complain to the HOA a couple of times and get nowheres, you soon get the idea that the HOA is now not going to do anything. In which case, while you are not released from compliance, you know nothing will happen to you.

Well, if the neighborhood is in a mess, I don't think anyone would want to buy into it. That is why I am not against HOAs since they do keep people in compliance. The only part I don't like is when they go amok.

Hammertime · #43 08-16-2008, 07:39 PM

Quote:

Originally Posted by Larry Delor

I propose that when the revolution comes and the politicians are lined up against the wall, we add HOA officers to the list. Since not all of them are as arrogant, self-righteous and pompous as the one mentioned above (they can shake hands with a few here in Sarasota Co.), a vote by a show of hands will have to be done right there, at the clubhouse. Cleaning of the walls used to line them up against, will be done by any surviving family.

Anybody in favor of said rule, declare "Aye"

First though TORTURE...make them watch as we all pee in the pool and smoke cigarettes in the "Bermuda" room....

tankdriver · #44 08-16-2008, 09:06 PM

Quote:

Originally Posted by Chad300tdt

My understanding is that the development has the HOA to make sure the overall look and maintenance is consistent and remains looking like the community it was designed to be. If everyone were allowed to alter their landscape and exterior of their home to whatever they wished, the look of the development would end up dramatically changing.

Since when is monotonous sameness desirable? This reminds of an episode of 3rd Rock where they move to one of these HOA communities and everyone at the place wears blue oxfords and khakis.

MTI · #45 08-16-2008, 09:17 PM

- Associations can be dissolved, and the means are usually contained in the CC&R or governed by local laws or statutes that establish horizontal property regimes or the like.

- While a homeowner may feel that not buying into an association means more freedom, it is not without risk that the future owner of the lot next to you is an Ozzy Osborne-wannabe or wants to re-do the house trim in dayglo fuschia polka dots and have a satellite antenna farm in the backyard.

- Boards of Directors face some substantial liability issues if they 1) selectively apply rules; 2) fail to enforce the rules; or 3) commit waste of resources or property, including litigation. Boards are not immune from civil rights actions, abuse of process and other intentional misdeeds.