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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.
Thanks u guys - yea - we called the police. He was pissed but he could not draw a ticket but said this is a civil situation and that the courts can help. I do want to drive thru the lawn but I just now this HOA will fine me even more money.
I do have an attorney who is looking into this. So we are taking some actions - but she was told by their firm that it is indeed in thier rights as an HOA to have done this. Can I post a picture here?
Have you looked at your covenants? You may have agreed to such action without realizing it. Most HOA's just place a lien on your house if you are not current on your dues, etc. Have they already placed a lien on your house? Very curious about the placement of the pillars...can you take a picture and post it?
My understanding is that the HOA is a legal entiry that can sue you, assess fines etc. But I don't believe they can harass you. I agree to call the police and next step is to check with an attorney
The HOA at Lexington Crossing | Flickr - Photo Sharing! (http://www.flickr.com/photos/8377871@N03/5809918269/in/photostream - broken link)
Here (above) is a link direct to the picture I took when I saw this last Friday. I called the police - My wife was there and he took pity and he was pissed but said he could not write a ticket and said this was a civil matter. My attorney was told that they advised the HOA to do this and that it was ok. My attorney is still doing her research right now but I wanted to do some of my own and see... the by-laws do not mention that they can do this.
That is absolutely insane and a reason why so many people are scared of HOA's! My view is that this is harassment and no HOA can get away with that. They can place a lien on your home and collect any fees once you move but they have no right (unless stated in documents for the HOA that you signed) to put pillars in front of a home to get you to pay any outstanding fees. If they do have an attorney, they don't seem to have any idea about what is going on!
I guess I can understand the frustration of the HOA, because I have been on a board before and it is annoying when you have homeowners that never pay for anything and try to get everything for free. But, placing a lien on a house was lot easier than getting pillars!
My advice to you would be to rent some equipment to remove those stupid things and put them in the driveway of the HOA president.
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My view is that this is harassment and no HOA can get away with that. They can place a lien on your home and collect any fees once you move but they have no right (unless stated in documents for the HOA that you signed) to put pillars in front of a home to get you to pay any outstanding fees. If they do have an attorney, they don't seem to have any idea about what is going on!
