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Old 06-07-2011, 08:46 PM
 
Location: Over There
402 posts, read 1,305,903 times
Reputation: 770

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Quote:
Originally Posted by Homeowner24 View Post
Hey all -

maybe someone can help me...

Can an HOA block my egress and ingress? They have placed three large stone pillars in front of our driveway, preventing us from leaving and my wife's car is in the garage. Her car has been stuck there for over four days so she can't work. We are beyond frustrated. The HOA president basically told us best of luck - see yea - your cable will be next to go.

We are paying our association dues - but can't keep up with all the new assessments and now with the 3k in their attorney fees we owe over 5k.
This sounds like a violation of constitutional rights: the right to life, liberty, and the pursuit of happiness--her job. An HOA cannot lawfully detain your wife or prevent her from accessing her property. They are basically impounding her car because you didn't pay all of their extra fees. What is next? Will your doors and windows be welded shut in the morning?
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Old 06-07-2011, 09:22 PM
 
2,407 posts, read 2,818,433 times
Reputation: 907
Something in your story just doesn't add up. I would love to hear the HOA's side of this because I'm sure it is different than yours.
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Old 06-07-2011, 10:46 PM
 
Location: Lexington Crossing
59 posts, read 201,186 times
Reputation: 47
Quote:
Originally Posted by gtcorndog View Post
Something in your story just doesn't add up. I would love to hear the HOA's side of this because I'm sure it is different than yours.
You want to call them? Please, please do!

We had an assessment done on our place last year for $1000 - I paid $500. I did not pay the other half. I Was 2 weeks late. They then doc'd me $800 in attorney fees. I called the management - Associa management and worked it out to pay an extra $100 a month until I could pay it off.

They then had another $1500 assessment done to rebuild the roofs. I could not keep up and feel behind - but made my payments plus $100 and I will continue to do so and try to make it more.

Now in the course of that time I had a $400 check bounce and for a few months I was paying the normal fee but I corrected that. This was my fault... I did not know - again my fault and i will fix that. So - ur right I am not perfect and trying to make my way and want to make sure I do come clean and reveal all things. In the spirt of that I know the HOA is mad b/c I had to remove my deck cuz a neighbor noticee was decaying. I have to build it back cuz of the loss of money and I know this is an eye sore to them - though it is far in the back and covered by bushes. But I would LOVE to build back the deck it was the added fees that has prevented me from that.

In all honesty I am not that mad they blocked my driveway (well I am still super pissed but you know) - its the fact my WIFE's car is stuck in there. SHE CANNOT GET OUT. They did not knock on the door to tell us to move. They came EARLY Friday morning and I had just left to go on a shoot. I did not pay all my fees and I should be punished - a lien on my house, etc. But this is cruel and unfair. LET HER OUT!

Last edited by Homeowner24; 06-07-2011 at 11:09 PM..
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Old 06-07-2011, 10:53 PM
 
Location: Lexington Crossing
59 posts, read 201,186 times
Reputation: 47
Quote:
Originally Posted by Justin Time View Post
This sounds like a violation of constitutional rights: the right to life, liberty, and the pursuit of happiness--her job. An HOA cannot lawfully detain your wife or prevent her from accessing her property. They are basically impounding her car because you didn't pay all of their extra fees. What is next? Will your doors and windows be welded shut in the morning?
I have learned, to some extent, that the HOA in effect owns the driveway and can do what they want to to it. My attorney is still looking into this as well. The fact is I feel behind on the extra assessments being done to the roofs here and was my fault and embarrassed about it. But the over 3k in attorney fees is nuts. They better get used to the pillars cuz I don't have that kind of money.

I ran into another neighbor tonight and he said ANOTHER owner is up and leaving - she is behind as well. Do you think ANYONE else will want to move into these place? There are now going to be 7 vacant condo's. He was cool and offered to to help me move these pillars. Cool guy. I told him let's wait and see how the president responds to their attorney that will advise them to remove the pillars so my wife can get out.

Tomorrow I have to drive all around my wife while I lose another day of work - I do video production and I need to edit these doctor videos!!!
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Old 06-08-2011, 01:11 AM
 
Location: Acworth
1,352 posts, read 3,995,712 times
Reputation: 472
Quote:
Originally Posted by Homeowner24 View Post
CityRover - hell no! we called the police and under my attorney's advice have not taken action - this is given her time to explore. She called their attorney and they are going to advise the HOA to to remove the pillars so my wife can move... I just found this site/ forum and am looking for help and input.
ah ok. because i would be on the phone to the sherrif within 4 minutes of somebody doing this.

interesting move by the attorney, one which i cannot share. i wonder if he is thinking that if you tamper with those blocks, that are on your property and blocking your migration, you will be charged with damages (which probably will happen, but given the situation, that is really the least of your worries).

get the sherriff out (even if you are in a city, call the sheriff) and have them serve as witness to you removing said blocks. they will say they can't do anything as its a civil matter BUT them being there will stop any intereference and like i said, they are just to bear witness.
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Old 06-08-2011, 01:14 AM
 
Location: Acworth
1,352 posts, read 3,995,712 times
Reputation: 472
Quote:
Originally Posted by gtcorndog View Post
Something in your story just doesn't add up. I would love to hear the HOA's side of this because I'm sure it is different than yours.

not really.. my hoa tried to pass an insane set of amendments out of the blue. just got the papers in the mail with a note, "yeh vote yes on em, thank you. "

and i say insane. they want to the right to EVICT people! i gave them such a mouthfull the president runs when he sees me.

it didnt pass as most of the people went ballistic over the changes which nobody discussed or was notified about. it didnt even say you were voting. just a form to sign and in small print *completing and returning this means you agree

sneaky!!
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Old 06-08-2011, 05:30 AM
 
30,428 posts, read 28,625,724 times
Reputation: 11211
Why don't you call the local TV news stations?
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Old 06-08-2011, 05:46 AM
 
349 posts, read 824,281 times
Reputation: 176
Quote:
Originally Posted by arjay57 View Post
Why don't you call the local TV news stations?
Yes! Clark howard to the rescue!!
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Old 06-08-2011, 06:58 AM
 
1,259 posts, read 2,038,516 times
Reputation: 1303
Quote:
Originally Posted by Homeowner24 View Post
I ran into another neighbor tonight and he said ANOTHER owner is up and leaving - she is behind as well. Do you think ANYONE else will want to move into these place? There are now going to be 7 vacant condo's. He was cool and offered to to help me move these pillars. Cool guy. I told him let's wait and see how the president responds to their attorney that will advise them to remove the pillars so my wife can get out.
Maybe you can get a group of neighbors together to fight against the HOA??
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Old 06-08-2011, 07:09 AM
 
Location: Lexington Crossing
59 posts, read 201,186 times
Reputation: 47
Thanks you guys - I have to run around all day and make sure my wife is taken care of and make this quick. Your advice on this means a lot and is really helping me vent and have a voice. I should have some updates later tonight/today.
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