Do I have any rights against our HOA? (Howe: for sale, real estate)

[tazbigdog]

Originally Posted by stubbs4prez

I am probably going to get flamed for this but I am on an HOA Board. As many have mentioned every HOA is different based on their governing documents. We can and do start the foreclosure processes often even though every time we approve one we hate doing it and it is only as a VERY last step in a long line of trying to get them to pay their dues. We are a very large community and we do our best to work with our residents to try and be as fair and reasonable as possible.

In response to the original question, the best option is to usually contact the managing company and board explaining the situation around your late payments. At least in our HOA, almost all cases when someone comes to the board with a logic reason for not paying, we will put them on a payment plan and in many cases waive the late fees as long as you pay in the allotted time. We do not want to take all of your money, we just want you to be responsible and pay what you owe just like all of your neighbors do.

Second, if you are unhappy and have a few extra hours a week, run for a position on the board. You really do not have to have any experience in it, just a willingness to learn. Getting the right people on a board can make all the difference when it comes to giving back to the community. You might be able to organize things like neighborhood picnics, mom-baby walking clubs, after school tutoring sessions, get new playgrounds, virtually anything you or the residents come up with.

Finally, as mentioned by Austin97, if the problem is not really the board but the management company, then if you joined the board you could work on getting them replaced by a company that really wants to work for you and with you. As a board member, you have a direct say in where the money is spent, and the management company is usually right up there with landscaping and insurance.

LOL, me too on a HOA Board. And yes, we are going after several properties that have not paid their fines.

We try to work with homeowners when they are in default, but the big thing is to communicate with your HOA.

First, I would read the HOA By-Laws and see what legally you can and can't do. There are restrictions on building sheds, adding patios, etc. It depends on what is in your HOA convenants.

If the HOA is supposed to collect dues and you are supposed to pay them, I would see what the HOA dues are going for.

In my HOA, we spent money on the community center, pool, playgrounds, tennis courts, landscaping, etc. All of it going to common-owned areas.

Good luck!

[mickey65]

SO thankful my neighborhood is not an HOA one...

[sheaday]

Originally Posted by mickey65

SO thankful my neighborhood is not an HOA one...

To me, this has nothing to do with an HOA. This is about a person not paying a bill they legally own because they didn't want to and then trying to justify "fighting the good fight".

I pay car insurance every month and I haven't had an accident in over 10 years. Should I stop paying my car insurance because I'm physically not getting anything in return for the money I pay every month? Just pay your bills people and take personal responsibility for your actions.

[IC_deLight]

Originally Posted by sheaday

To me, this has nothing to do with an HOA. This is about a person not paying a bill they legally own because they didn't want to and then trying to justify "fighting the good fight".

I pay car insurance every month and I haven't had an accident in over 10 years. Should I stop paying my car insurance because I'm physically not getting anything in return for the money I pay every month? Just pay your bills people and take personal responsibility for your actions.

No comparison. This "example" wasn't even analogous.

You are paying for a current benefit (insurance) and there is a benefit that is specific to you. You can also choose how much insurance, what company, coverage limits, and even whether to have insurance at all. If you decide not to have insurance (e.g., self insure such as provided by law), there is no insurance company that can foreclose and take away your car or your house.

In contrast, an HOA corporation provides only perpetual liens that can never be paid off. The assessments primarily benefit the HOA corporation board (purchasing D&O insurance for themselves, purchasing CG&L insurance to provide for the cost of defending their actions) and the HOA corporation, not the homeowner. THe HOA does not cover any loss experienced by the homeowner.

The HOA corporation is the biggest deadbeat there is - it is always demanding money and never or rarely obligated to provide anything in return.

[EzPeterson]

Originally Posted by IC_deLight

No comparison. This "example" wasn't even analogous.

You are paying for a current benefit (insurance) and there is a benefit that is specific to you. You can also choose how much insurance, what company, coverage limits, and even whether to have insurance at all. If you decide not to have insurance (e.g., self insure such as provided by law), there is no insurance company that can foreclose and take away your car or your house.

In contrast, an HOA corporation provides only perpetual liens that can never be paid off. The assessments primarily benefit the HOA corporation board (purchasing D&O insurance for themselves, purchasing CG&L insurance to provide for the cost of defending their actions) and the HOA corporation, not the homeowner. THe HOA does not cover any loss experienced by the homeowner.

The HOA corporation is the biggest deadbeat there is - it is always demanding money and never or rarely obligated to provide anything in return.

And the OP knew this walking into the deal, yet still did so. The example cited is very apropos.

[sheaday]

Originally Posted by IC_deLight

No comparison. This "example" wasn't even analogous.

You are paying for a current benefit (insurance) and there is a benefit that is specific to you. You can also choose how much insurance, what company, coverage limits, and even whether to have insurance at all. If you decide not to have insurance (e.g., self insure such as provided by law), there is no insurance company that can foreclose and take away your car or your house.

In contrast, an HOA corporation provides only perpetual liens that can never be paid off. The assessments primarily benefit the HOA corporation board (purchasing D&O insurance for themselves, purchasing CG&L insurance to provide for the cost of defending their actions) and the HOA corporation, not the homeowner. THe HOA does not cover any loss experienced by the homeowner.

The HOA corporation is the biggest deadbeat there is - it is always demanding money and never or rarely obligated to provide anything in return.

The OP admitted they were paying the HOA dues and then stopped because they felt like it. You can argue all day about how horrible HOAs are, feel free. Bottom line you can't renege on a contract "just because". I don't see how that's hard to understand.

If you don't like HOAs, don't live in a community that has one! Easy as that.

[sheaday]

In addition, I live in a community that has a mandatory HOA. Each year at the annual meeting they pass out the HOA budget outlining how much money was received in dues and exact line items of where the money went last year. They also pass out a budget that shows proposed spending for the next year and homeowners are able to discuss where the money is going and what's best for the community.

Do I like paying HOA dues? Nope. I don't like paying for a lot of stuff. But it's my responsibility and I make sure I'm aware of what the HOA is doing with the money. Sometimes I don't like where they're spending it, but at least I know.

[EzPeterson]

And, at the end of the day, you always have the option of joining the board or committe to change or influence the direction of the HOA and spending, etc.

If you really don't like the rules, every CC&R document and bylaws have the ability to be modified - rally up enough votes in your neighborhood to do so and make it happen.

People act like these HOA's are faceless entities that they play no role in - they're democratic in nature and anything constructed in that manner can be changed by the people. Otherwise, it's like whining about the government - but not voting. Or constantly complaining about zoning, but not trying to change the entities or people governing those decisions.

[scm53]

Originally Posted by IC_deLight

The HOA corporation is the biggest deadbeat there is - it is always demanding money and never or rarely obligated to provide anything in return.

Please point on the doll to where the HOA hurt you.

[kiacook]

I really, really don't understand folks who choose to live in HOA neighborhoods and then complain about them. I don't want any additional non-govt regulation in my life so I specifically chose a non-HOA house. It's not hard.