Homeowner Associations (HOAs) from hell (house, established neighborhood, buyer)

[seashell55]

Originally Posted by rcsteiner

Exceptionally bad HOAs are just that ... exceptions.

Actually, no. HOAs that are properly managed, where maintaining the infrastructure is more important than controlling the behavior of the residents, are rare. For anyone that has no current complaint with their Board, they should be aware that they are only one election away from disaster. And when disaster does strike, there are very few laws in place that protect the homeowner from abusive boards. One state senator in North Carolina complained that by far the most complaints he receives from his constituents are HOA-abuse related.

For the original poster of this thread, breaking and entering into the home is a crime, not a civil matter. But you will need at least the name of the HOA president, if not the name of the individual who broke into the home. Make sure it is reported as a crime, not as a fight with the HOA.

To others having difficulty getting financial and meeting records, HOAs are controlled by either by the Georgia Condo Act or the Georgia Property Owners' Association Act, in addition to the Georgia Non-profit Corporations code if they are incorporated as a non-profit, which most HOAs are. If not, they would come under the for-profit Georgia corporations code. More information is needed if you want exactly the portions of the codes that are applicable to your cases.

Everyone should be aware that the likelihood of the Georgia laws changing in order to be more responsive to homeowner concerns are remote. The biggest reason for this is because of a well-funded lobbying trade group, headed by the Community Associations Institute, that works on behalf of property managers and attorneys, NOT homeowners. The only way to change an HOA is through the reformation of the governing documents, where power is taken away from the Board and is tilted toward the homeowners, which usually requires a 2/3 vote of all the residents. It can be done, but it is difficult and time consuming.

[rcsteiner]

Originally Posted by seashell55

Actually, no. HOAs that are properly managed, where maintaining the infrastructure is more important than controlling the behavior of the residents, are rare. For anyone that has no current complaint with their Board, they should be aware that they are only one election away from disaster. And when disaster does strike, there are very few laws in place that protect the homeowner from abusive boards. One state senator in North Carolina complained that by far the most complaints he receives from his constituents are HOA-abuse related.

Interesting. I must be lucky. The HOA I was a part of up in MN was just fine, and so is the one in my current community.

[seashell55]

Originally Posted by rcsteiner

Interesting. I must be lucky. The HOA I was a part of up in MN was just fine, and so is the one in my current community.

Either lucky or you're on the Board of Directors. :-)

[RandyWatson13]

Originally Posted by seashell55

Either lucky or you're on the Board of Directors. :-)

Truth!!

[rcsteiner]

Originally Posted by seashell55

Either lucky or you're on the Board of Directors. :-)

It would be interesting to take a poll here of people who live in subdivisions or other entities with an HOA to see how common issues are.

[LexingtonDad]

Actually, no. HOAs that are properly managed, where maintaining the infrastructure is more important than controlling the behavior of the residents, are rare.

We've all heard horror stories about HOAs but then again all people seem to be interested in is bad news. I read that in 2007 there were an estimated 286,000 HOAs in the US. I haven't heard 286,000 horror stories.

And it seems that the horror stories are almost always in low to medium cost housing (and usually condos). Maybe it is due to the density of the housing, or people that live in low to moderate cost housing are not used to being in charge and a little power goes to their heads? I can't say but I will state that I have belonged to 2 HOAs and never had an issue. And I specifically sought out a home with a HOA on my last home purchase. I like knowing I will never wake up to my neighbor's house being painted orange.

[KevK]

The HOA cannot enter your home without you letting them enter. If they did so, they have committed a felony of residential burglary. I would suggest you call 911

[KevK]

Originally Posted by seashell55

Either lucky or you're on the Board of Directors. :-)

I served on the board of ours. Not only is it an unpaid job that requires lots of time but it is pretty thankless too. I always remind people of this fact- YOU voluntarily signed up for the HOA when you bought into this community. Nobody forced anybody to purchase a home here. We have rules and we gave your Real Estate agent and you a copy of them which you read (hopefully) and signed indicating that you agreed to follow them in exchange for becoming a member of our community. The rules really are not "draconian". All they say are things like you shall not alter the exterior of the home without Board permission, you may not park cars on the grass or overnight on the street unless you get a temporary permit (in the case of visitors from out of town), you are to keep your grass cut and not leave your trash out until trash day. And no, you may not rent your home out or convey title to anybody else without the Board's permission (in the case of conveyance, the board reserves the right of first refusal) Why do people have such a hard time with these? I mean, they move in here because it is a nice, clean and safe community and they get an attitude when you tell them that they cannot do things like allow their dogs to run free and not clean up after them or erect tool/storage sheds in their back yards without permission (I have not seen a single case of anybody who asked permission not being granted a permit for a shed) or allow young children (under 12) to be at the community pool unsupervised.

[moonhawk64]

Originally Posted by LexingtonDad

... I specifically sought out a home with a HOA on my last home purchase. I like knowing I will never wake up to my neighbor's house being painted orange.

This is a free country. If I want to paint my house orange, that's my right as an American. Which is why I refuse to live anywhere that has a HOA: I refuse to pay someone to take my freedom of choice away. If you're not paying for the house, you have no right to say what color to paint it. (And if you want to be a robot living in a neighborhood with every house identical, that's your business. Me? I'd rather be a person with my own identity.)

[seashell55]

Originally Posted by KevK

I always remind people of this fact- YOU voluntarily signed up for the HOA when you bought into this community. Nobody forced anybody to purchase a home here. We have rules and we gave your Real Estate agent and you a copy of them which you read (hopefully) and signed indicating that you agreed to follow them in exchange for becoming a member of our community.... I mean, they move in here because it is a nice, clean and safe community and they get an attitude when you tell them that they cannot do things like allow their dogs to run free and not clean up after them or erect tool/storage sheds in their back yards without permission...

Kudos for giving the documents to the agent and the new owner. However, as a former board member I'm sure you are aware that GA law only requires disclosure at closing, which is hardly the time to read and comprehend legal documents, often inches thick, thereby rendering any such "agreement" to an adhesion contract suspect.

You are probably also aware that rules can change, most especially from reasonable to unreasonable. You may be living in a well run HOA today, but that still leaves you only one election away from disaster. It's not easy to fix disasters when the fixes require super majorities, special meetings, proxies, consent of the board to hold the special meetings, etc.

As for choosing to move into an HOA, their prevalence often means that the "choice" is really a trade-off between between bad alternatives. HOA or a 3 hour commute? What is my neighbor doing versus how is my neighbor doing?