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Old 04-17-2011, 05:50 AM
 
48 posts, read 74,764 times
Reputation: 24

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Quote:
Originally Posted by GCharlotte View Post
I'd love to see the last stuff they sent you. They have to send certain documents written in a certain way before they can put a lien. Honest I know you want it to just go away but I'm thinking you deserve some cash for your troubles at this point. Whoever started this needs to feel some pain.
I am SOOO ready for this fight!!! These poor folks have been demanded to pay for obligations they don't have for SOOOOO long. The lawyer set it up to charge them with criminal intent, so if their is a lien on our property we can get some sort of aid but he wasn't sure how it worked!

Now to notify the masses! The only way to send a clear message is to NOT pay the demanded dues! We will see what happens! They did back off the cost of the monument charges this year..WOW!! LOL Just need to wake folks up.

Personally, I think we will do great as a VOLUNTARY group for managing the front if we put it in the hands of the front lot owners! In their NEW budget proposal they say that Electricity is $325 and Water is $150 and paint is $60 =$535..divided by 34 is simply $16 a year to donate to the front to keep it's "normal and reasonable" expenses paid. Now compare that to their $120 demanded dues for this year..All additional money collected can help with folks GAS for mowing, flowers to plant, and mulch!
And if someone can't donate, not a problem. Most likely folks will gladly donate $25 or more as RELIEF to the savings!! No one need know what each contributes since it is their RIGHT or NOT to help with the front!

It would also be fun to have some kind of yearly fund raiser for the neighborhood like a yard sale. They can pledge %10 of what they make from it for their support to the front!

GCHARLOTTE...we might need that NEWS fun after all!! Thanks for the help in everything!!
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Old 04-17-2011, 07:19 AM
 
7,107 posts, read 9,705,958 times
Reputation: 2564
Quote:
Originally Posted by TouchingGrace View Post
I am SOOO ready for this fight!!! These poor folks have been demanded to pay for obligations they don't have for SOOOOO long. The lawyer set it up to charge them with criminal intent, so if their is a lien on our property we can get some sort of aid but he wasn't sure how it worked!

Now to notify the masses! The only way to send a clear message is to NOT pay the demanded dues! We will see what happens! They did back off the cost of the monument charges this year..WOW!! LOL Just need to wake folks up.

Personally, I think we will do great as a VOLUNTARY group for managing the front if we put it in the hands of the front lot owners! In their NEW budget proposal they say that Electricity is $325 and Water is $150 and paint is $60 =$535..divided by 34 is simply $16 a year to donate to the front to keep it's "normal and reasonable" expenses paid. Now compare that to their $120 demanded dues for this year..All additional money collected can help with folks GAS for mowing, flowers to plant, and mulch!
And if someone can't donate, not a problem. Most likely folks will gladly donate $25 or more as RELIEF to the savings!! No one need know what each contributes since it is their RIGHT or NOT to help with the front!

It would also be fun to have some kind of yearly fund raiser for the neighborhood like a yard sale. They can pledge %10 of what they make from it for their support to the front!

GCHARLOTTE...we might need that NEWS fun after all!! Thanks for the help in everything!!
Personally, this kind of "war talk" sounds exactly like renters in NYC that don't want to pay their rent to LLs. Hold back the dollars, why spend more than I have, I can do with the minimum upkeep, let's live as one community. . . . MY way. Don't work that way unless you live in a non HOA, with minimum city restrictions and THEN you can hang sheets for window shades, put your undies on a string tied to two stakes on your front lawn and wash your beat-up truck that's parked on the grass in the public park.

Only my thoughts BTW, and plently of ppl. don't have a problem with that.
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Old 04-17-2011, 08:10 AM
 
Location: Wouldn't you like to know?
9,114 posts, read 15,650,129 times
Reputation: 3690
Quote:
Originally Posted by TouchingGrace View Post
I am SOOO ready for this fight!!! These poor folks have been demanded to pay for obligations they don't have for SOOOOO long. The lawyer set it up to charge them with criminal intent, so if their is a lien on our property we can get some sort of aid but he wasn't sure how it worked!

Now to notify the masses! The only way to send a clear message is to NOT pay the demanded dues! We will see what happens! They did back off the cost of the monument charges this year..WOW!! LOL Just need to wake folks up.

Personally, I think we will do great as a VOLUNTARY group for managing the front if we put it in the hands of the front lot owners! In their NEW budget proposal they say that Electricity is $325 and Water is $150 and paint is $60 =$535..divided by 34 is simply $16 a year to donate to the front to keep it's "normal and reasonable" expenses paid. Now compare that to their $120 demanded dues for this year..All additional money collected can help with folks GAS for mowing, flowers to plant, and mulch!
And if someone can't donate, not a problem. Most likely folks will gladly donate $25 or more as RELIEF to the savings!! No one need know what each contributes since it is their RIGHT or NOT to help with the front!

It would also be fun to have some kind of yearly fund raiser for the neighborhood like a yard sale. They can pledge %10 of what they make from it for their support to the front!

GCHARLOTTE...we might need that NEWS fun after all!! Thanks for the help in everything!!
Good luck w/getting people to voluntarily donate to this. That will never happen. If you or someone w/moneybags will pick up the slack, then more power to you. Please tell us how you intend to do that...I'd really like to know!


It sounds like you want it both ways. You don't want an HOA, however this post shows that your plans smacks dab of part of the responsibilities of an HOA.

Am I off base here?
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Old 04-17-2011, 04:55 PM
 
48 posts, read 74,764 times
Reputation: 24
Quote:
Originally Posted by CouponJack View Post
Good luck w/getting people to voluntarily donate to this. That will never happen. If you or someone w/moneybags will pick up the slack, then more power to you. Please tell us how you intend to do that...I'd really like to know!


It sounds like you want it both ways. You don't want an HOA, however this post shows that your plans smacks dab of part of the responsibilities of an HOA.

Am I off base here?
This is already a VOLUNTARY HOA that wants to be considered as a MANDATORY HOA. The fact is IT is VOLUNTARY! No one has to worry about liens on their home if they don't pay for front entrance to look like the Tahj Mahal.

Expenses are WAY beyond what was ever expected by the Developer for maintain and repair of the front. Developer failed to make it a contractual agreement to maintain and repair the front by waiting till last two homes standing and then deciding.."Oh..yeah..and by the way". He never even attempted to tie it back to the Declaration of Covenants to make everyone aware of any potential obligations because the imposition was WAY beyond what was ever mentioned in the Declaration. And let's face it..he was trying to sell the front lots and wrote unenforceable language into the easements to tone down his over-the-top front. He dressed it beyond just a sign to manage. And the abuse was passed on to folks that didn't do their homework on the matter.

No matter how you look at this issue, the current HOA demanding MANDATORY statis to impose on us all is not contractual or legal.

They have gone way beyond just the front entrance in the past, by wanting to tell folks what to do with their properties. They definitely think that being an HOA gives them a statis to come up with additional rules and regulations for the neighborhood which is not in the CC&R. They can't.

We are contracted through our Declaration of Covenants, not someone else's easement. There is no contract for the full imposition of the front easement to be maintained by all. We were supposed to just have the easement for accessing the sign to maintain and repair it..NOTHING else. No HOA necessary for that. No assessments for electricity or water needs ever mentioned in easement or Declaration.

The best that can be done with the front is to ease the burden of the easement for the front lot owners by doing exactly what the easement grants..RIGHTS for all to mow, plant, etc. Nothing more than that. We all have to be in agreement for replacing. We aren't. If we agree to keep the lights going and to water the front then the expenses would be what I mentioned. So what if some folks don't pay. Get rid of anything needing repair then! Simple enough. We have LOTS of choices.

I am only too happy to MOW but the HOA refused me saying it was a 'liability" issue for anyone to mow the flat piece of grass. SORRY..they have no right to deny anyone to MOW, plant, etc.. But efforts need to be coordinated and the front lot owners are best to do that. One lot owner has already agreed with my thoughts on the matter a year ago.

HOA thinks they have power to REPLACE a monument with as little as two votes because it gets a little pitting problem and demanding excessive dues we have no obligations for. Folks are refusing to pay for replacing the monuments and they are still threatening to put liens on homes if they refuse.

I don't expect you to understand CouponJack that people can be quite reasonable and helpful to their neighbor if it's voluntary. But being DEMANDED to pay dues you don't owe?? BAD PR for the neighborhood!

Very glad we have Roy Michaux, Jr. for an attorney! Using just his case is helpful enough in our situation. They had a legal HOA in his Armstrong case and the only assessment listed for the HOA was for the "lighting" of their sign. We have NO ASSESSMENTS, NO LANGUAGE for HOMEOWNERS ASS., etc. and are paying for the same things demanded by their HOA.

Stubborn, stubborn, and unnegotiable folks we have been trying to work with. Just can't sometimes without a court battle!

Will see what the lawyer says...

CouponJack..you don't read all the posts..so do that before you make comments. I'm not ANTI HOA in general. There is a need for them. WE don't have that need!
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Old 04-17-2011, 05:03 PM
 
48 posts, read 74,764 times
Reputation: 24
Quote:
Originally Posted by pink caddy View Post
Personally, this kind of "war talk" sounds exactly like renters in NYC that don't want to pay their rent to LLs. Hold back the dollars, why spend more than I have, I can do with the minimum upkeep, let's live as one community. . . . MY way. Don't work that way unless you live in a non HOA, with minimum city restrictions and THEN you can hang sheets for window shades, put your undies on a string tied to two stakes on your front lawn and wash your beat-up truck that's parked on the grass in the public park.

Only my thoughts BTW, and plently of ppl. don't have a problem with that.
Pitiful to think so little of your fellow humans! Seems that might be what YOU would do.
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Old 04-17-2011, 05:36 PM
 
7,107 posts, read 9,705,958 times
Reputation: 2564
Quote:
Originally Posted by TouchingGrace View Post
Pitiful to think so little of your fellow humans! Seems that might be what YOU would do.

And that would be based on. . . . . . . .?

Did I hit a sore spot????
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Old 04-17-2011, 06:02 PM
 
Location: Wouldn't you like to know?
9,114 posts, read 15,650,129 times
Reputation: 3690
Quote:
Originally Posted by TouchingGrace View Post
This is already a VOLUNTARY HOA that wants to be considered as a MANDATORY HOA. The fact is IT is VOLUNTARY! No one has to worry about liens on their home if they don't pay for front entrance to look like the Tahj Mahal.

Expenses are WAY beyond what was ever expected by the Developer for maintain and repair of the front. Developer failed to make it a contractual agreement to maintain and repair the front by waiting till last two homes standing and then deciding.."Oh..yeah..and by the way". He never even attempted to tie it back to the Declaration of Covenants to make everyone aware of any potential obligations because the imposition was WAY beyond what was ever mentioned in the Declaration. And let's face it..he was trying to sell the front lots and wrote unenforceable language into the easements to tone down his over-the-top front. He dressed it beyond just a sign to manage. And the abuse was passed on to folks that didn't do their homework on the matter.

No matter how you look at this issue, the current HOA demanding MANDATORY statis to impose on us all is not contractual or legal.

They have gone way beyond just the front entrance in the past, by wanting to tell folks what to do with their properties. They definitely think that being an HOA gives them a statis to come up with additional rules and regulations for the neighborhood which is not in the CC&R. They can't.

We are contracted through our Declaration of Covenants, not someone else's easement. There is no contract for the full imposition of the front easement to be maintained by all. We were supposed to just have the easement for accessing the sign to maintain and repair it..NOTHING else. No HOA necessary for that. No assessments for electricity or water needs ever mentioned in easement or Declaration.

The best that can be done with the front is to ease the burden of the easement for the front lot owners by doing exactly what the easement grants..RIGHTS for all to mow, plant, etc. Nothing more than that. We all have to be in agreement for replacing. We aren't. If we agree to keep the lights going and to water the front then the expenses would be what I mentioned. So what if some folks don't pay. Get rid of anything needing repair then! Simple enough. We have LOTS of choices.

I am only too happy to MOW but the HOA refused me saying it was a 'liability" issue for anyone to mow the flat piece of grass. SORRY..they have no right to deny anyone to MOW, plant, etc.. But efforts need to be coordinated and the front lot owners are best to do that. One lot owner has already agreed with my thoughts on the matter a year ago.

HOA thinks they have power to REPLACE a monument with as little as two votes because it gets a little pitting problem and demanding excessive dues we have no obligations for. Folks are refusing to pay for replacing the monuments and they are still threatening to put liens on homes if they refuse.

I don't expect you to understand CouponJack that people can be quite reasonable and helpful to their neighbor if it's voluntary. But being DEMANDED to pay dues you don't owe?? BAD PR for the neighborhood!

Very glad we have Roy Michaux, Jr. for an attorney! Using just his case is helpful enough in our situation. They had a legal HOA in his Armstrong case and the only assessment listed for the HOA was for the "lighting" of their sign. We have NO ASSESSMENTS, NO LANGUAGE for HOMEOWNERS ASS., etc. and are paying for the same things demanded by their HOA.

Stubborn, stubborn, and unnegotiable folks we have been trying to work with. Just can't sometimes without a court battle!

Will see what the lawyer says...

CouponJack..you don't read all the posts..so do that before you make comments. I'm not ANTI HOA in general. There is a need for them. WE don't have that need!

Again, My point is you are going to ask for voluntary donations. In the real world, no one will VOLUNTARILY donate. Someone will be left holding the bag....

You'll have 1 or 2 people shell out all the money for the whole neighborhood...

Yes, that sounds fair....

Hey, but at least you'll have proved your point!
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Old 04-17-2011, 06:12 PM
 
7,107 posts, read 9,705,958 times
Reputation: 2564
Quote:
Originally Posted by TouchingGrace View Post
Pitiful to think so little of your fellow humans! Seems that might be what YOU would do.

Sitting here scratching my head since I dont have a clue what you mean by your posting. Pls. explain.
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Old 01-01-2014, 06:24 PM
 
1 posts, read 467 times
Reputation: 11
I've read all the posts thru 4-17-2011 and then they stop.
What happened?
Where is attorney Michaux?
Where can I read his three-page letter?
What happened to the case?
Thanks, jugsstuff
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Old 01-02-2014, 08:58 AM
 
206 posts, read 315,751 times
Reputation: 76
Thanks for bumping this thread up. I read some of these pots and would like to know what happened as well.

Reading this thread has made me more concerned than I already was about HOAs.
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