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Old 07-24-2017, 07:57 AM
 
Location: Gwinnett County, Georgia
331 posts, read 190,470 times
Reputation: 468

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Thanks for all of the input. We'd like to just let this go, move and move on, knowing that we've already complied. But we won't be able to sell without settling up with them. That could add up at $25 per day, especially since the house isn't even on the market.

We've asked a board member to come by, look and tell this rogue management company (who wasn't even the original one in place when we bought) that our house looks fine. We just need a little patience until we can free ourselves.

Vanmichael, it is in the covenants. And those legal fees will just be passed on to us.
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Old 07-24-2017, 08:53 AM
 
362 posts, read 159,387 times
Reputation: 481
The worst part is local governments are in bed with HOAs because it removes a huge burden off their back. All that infrastructure is built and maintained by the neighbourhood in many cases. Therefore you will never find any local politician willing to stand up to abusive HOAs.
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Old 07-24-2017, 08:59 AM
 
Location: Gwinnett County, Georgia
331 posts, read 190,470 times
Reputation: 468
Quote:
Originally Posted by LTCM View Post
The worst part is local governments are in bed with HOAs because it removes a huge burden off their back. All that infrastructure is built and maintained by the neighbourhood in many cases. Therefore you will never find any local politician willing to stand up to abusive HOAs.
I wrote to about seven of them a few years ago when we were the target of their ire, including the governor. I still have their responses, each one of them reading exactly what you write here, essentially, "not my pony, not my circus. You're on your own, loser."
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Old 07-24-2017, 09:19 AM
bu2
 
8,969 posts, read 5,665,308 times
Reputation: 3535
Quote:
Originally Posted by AtlantaMove View Post
Thanks for all of the input. We'd like to just let this go, move and move on, knowing that we've already complied. But we won't be able to sell without settling up with them. That could add up at $25 per day, especially since the house isn't even on the market.

We've asked a board member to come by, look and tell this rogue management company (who wasn't even the original one in place when we bought) that our house looks fine. We just need a little patience until we can free ourselves.

Vanmichael, it is in the covenants. And those legal fees will just be passed on to us.
Once again, show up at an HOA meeting. Tell your story without first talking about lawyers. Ask to get the penalties after the first wash waived. The management company works for the homeowners. They don't want to come across in front of the board and other homeowners as jerks mistreating reasonable homeowners. There is enough problem with homeowners who ignore the HOA and don't pay their dues.
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Old 07-24-2017, 07:56 PM
 
Location: Mayretta
5 posts, read 2,304 times
Reputation: 15
We had a condo and they wanted to sell it out to developers. They gave everyone a $10,000 bill to improve the property and if you didn't pay it you be foreclosed on. It emptied out a lot of the condos but not all of them. Crooks, pure and simple.
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Old 07-27-2017, 04:57 PM
 
2,741 posts, read 3,162,686 times
Reputation: 2925
Quote:
Originally Posted by bu2 View Post
Once again, show up at an HOA meeting. Tell your story without first talking about lawyers. Ask to get the penalties after the first wash waived. The management company works for the homeowners. They don't want to come across in front of the board and other homeowners as jerks mistreating reasonable homeowners. There is enough problem with homeowners who ignore the HOA and don't pay their dues.
WRONG.
Did the "homeowners" contract with the management company? No!
Someone may be misleading homeowners about who the management company works for but it does NOT work for the homeowners. The homeowners (and the HOA) are the management company's PREY. The management company contracts with the HOA corporation, not the homeowners.
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Old 07-27-2017, 05:22 PM
 
362 posts, read 159,387 times
Reputation: 481
Quote:
Originally Posted by IC_deLight View Post
WRONG.
Did the "homeowners" contract with the management company? No!
Someone may be misleading homeowners about who the management company works for but it does NOT work for the homeowners. The homeowners (and the HOA) are the management company's PREY. The management company contracts with the HOA corporation, not the homeowners.
It's a shame I can only rep this post once.
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Old 07-27-2017, 05:48 PM
 
2,135 posts, read 1,035,645 times
Reputation: 1645
Quote:
Originally Posted by AtlantaMove View Post
Kind of lengthy, so here are my questions. Has anyone ever prevailed in a law suit against an HOA? Do they just have unlimited power against homeowners? I was wondering if the Fair Debt Collection Practices Act might offer some relief. But the lawyers with whom I've spoken only ask that I try to work it out with the HOA. So if anyone knows of an attorney who might be able to answer some questions over the phone, I sure would appreciate the help. We'll pay for a consultation if an attorney thinks there's an opportunity here. Thanks in advance.

$150 in fines later, here's my story.

A notice arrived in April from the neighborhood HOA ordering that our entire house be pressure washed. Though it didn't really need it, I paid someone to come and do just that, pressure wash my whole house. In June, another message arrived claiming that we were assessed a $50 fine because we were still in violation of the covenants for not having pressure washed our home. I mailed in a copy of the receipt from the company who did the first job and images of clean surfaces thinking that the HOA would accept that as proof of performance and also asked for details and an image of the area that they thought needed more attention. Then I rented a machine and spot cleaned the house again.

This week I received the next response, a notification and a $100 fine along with a threat of a daily fine for $25 for each day that the property remains out of compliance, no images, no details, just a notification of a fine. I called the HOA and reached a condescending employee claiming that a photo that was supposed to accompany these letters but hadn't shows mildew just above a window on the right side of our house. Seems this HOA rep came by on very rainy July 13 and claimed to have noticed mildew on our darker vinyl siding. I also left a voice mail for our HOA rep to call.

I've asked my neighbors with whom I have only a cordial relationship (no reason for them to spare my feelings) to tell me if they thought some surface areas needed to be cleaned and they've all said no. I have also asked a board member who lives right down the street to come by and look at my house while it is sunny out. That letter should have arrived today via certified mail. And what do you know? The HOA rep finally returns a call that I made four days ago. She had an attitude, but she called.

I told her that we complied at the first notice, that there hadn't been any mildew on that side of the house since April and that the house is ready for another inspection. She'll ask a board member to come by and I am to call her back next week for the status.

We acknowledged the existence of the HOA when we bought this home. We didn't expect them to engage in this kind of arrogant, bullying behavior. We pay our dues on time regularly, but maybe they need more money. Frankly, I don't think anyone ever came by. They just saw us owner occupants as easy targets.

Thanks for reading all of this. Sharing the story sort of eases some of the frustration.
A H.o.A. can be nasty. I remember there was one where they used to pick on all the black home owners in the neighborhood and trust me I know this to be true because I was in high school at the time and looked at my friends' yards and asked whether they got threatened with a fine (and trust me...their yards were definitely not maintained as ours was). They messed with one homeowner, who was black, and he told them that he'd call the N.A.A.C.P on them for harassment. They shut up really fast but they continued targeting other black homeowners.
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Old 07-27-2017, 08:45 PM
bu2
 
8,969 posts, read 5,665,308 times
Reputation: 3535
Quote:
Originally Posted by LTCM View Post
It's a shame I can only rep this post once.
Because its so amazingly wrong?

We had a management company that wasn't performing and we got rid of them. We had managers and got the property management company to replace them.
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Old 07-28-2017, 05:03 AM
 
Location: Gwinnett County, Georgia
331 posts, read 190,470 times
Reputation: 468
Quote:
Originally Posted by bu2 View Post
Because its so amazingly wrong?

We had a management company that wasn't performing and we got rid of them. We had managers and got the property management company to replace them.
I'm not contradicting you. But some of the HOAs will lawyer up and find ways to maintain control of a community that is attempting to oust them. My neighbor told me that our community had been trying for quite some time to get rid of this one, but it keeps finding loop holes.

Its hard to believe that a country of laws would allow an industry to behave unchecked this way. If I screw up, the consumer has my broker, the GA Real Estate Commission and other ways to be made whole again. But an HOA management company seems to be able to just behave however they want with regard to someone else's property, including acting as judge, jury and enforcer. They serve a purpose for sure. But there needs to be checks, balances and accountability somewhere IMHO.
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