[lagoon7]

That sucks, Hoptoit.

There is a guy in our neighborhood who repainted the trim of his house. His house is white, he painted the trim a dark brown. It looked really nice. The HOA in our neighborhood got all up in arms because it didn't "match up with the rest of the neighborhood." They made him paint over it. So he painted over it with white paint...looks crappy. But it's been that way for a while so I guess that's how the HOA likes it. We also had an issue with them. The lot next to ours in vacant and wooded, which is nice, but there's no fence or anything, so the weeds from the lot spread into our yard. We tried to get the owners of the lot to cut back the brush and weeds from our property line, but they refused. We contacted the HOA, who said that they couldn't do anything about it. We had to hire a service out of our own pockets to clean it up.

Like I said, money down the drain.

[annerk]

Originally Posted by HopToIt

Our subdivision is built out yet (only about 50% I'd say, maybe a little bit more) and so we dont have our own HOA yet.

Then your buiklder is the board. Call them and complain. I'd tell them that they'll never sell houses as long as the place isn't being kept up, and that they aren't following the rules in the documents that they filed with the state.

[imagardener]

Originally Posted by HopToIt

Our subdivision is built out yet (only about 50% I'd say, maybe a little bit more) and so we dont have our own HOA yet.

That does change things a bit.
Go to your documents (you should have gotten a copy at/before settlement) and look up when the developer has to hand over control. At 50% it should be starting to change to reflect the % of homeowners. Meaning some homeowners should already be able to run for the board.

Most developers "bank" on the fact that homeowners don't know the law and won't respond until forced to, usually at the threat of legal action.
If you and others are paying HOA fees you really need to pay attention to the financial aspects, too. A LOT of developers use the HOA money as their personal slush fund. If money is being collected for "Reserves" it should appear every year and be growing to cover future expenses. Lots of developers use that money up, in effect cheating the current homeowners by using their money for non-homeowner expenses. It's YOUR money so protect it.

Good luck. It's not fun dealing with developers but even less fun when homeowners are in charge.

[HopToIt]

Thanks for your input guys. It is frustrating, but I dont wanna seem like I'm the ass.

[MMichelle]

Unless it's a voluntary HOA, it's not possible to opt out. The HOA "runs with the land". You bought into the "company" and if the company is not doing well, neither will you.
From what you described it sounds like your HOA is going broke. It doesn't sound like the management isn't doing their job - it sounds like the HOA is running out of money. If a significant number of homes are in foreclosure it means those homeowners are not paying their mortgage. If they aren't paying their mortgage it's not likely they are paying their HOA dues. Nor would the homeowner have the money to mow lawns or comply with other HOA rules as it might relate to maintain their homes.

With or without an HOA your neighbors property has a direct relation to the value of your property. If they sell for top dollar - it increases the value of your property. If they go into foreclosure and sell below market - it hurts your property. That's how "comps" are determined.

[riveree]

Originally Posted by HopToIt

OK, back to topic... has anyone ever had troubles with the HOA not doing what they were hired to do, and is there anything I can do? I am being really patient b/c I know they (the Property Management Co) are having a hard time keeping up and correcting all these violations. What if I was trying to sell my house right now? Good luck to me is all I can say!

I feel for you, HopToIt . HOAs are no fun. I am really beginning to wonder if Florida HOAs continue on the path that many of them are currently on, if they won't be disbanded entirely in coming years.

My last neighborhood had an HOA. I was somewhat naive, as this was my first (and last!) HOA neighborhood. I figured I'd have to abide by some rules (fair enough), but I didn't fully realize what I was getting into from a legal perspective.

There's no easy answer to your predicament. In my former neighborhood, 95% of the homeowners took excellent care of their homes and lawns, but there were those few that didn't. Well it doesn't take too many homes to eat up all the HOA resources. The HOA can't force a homeowner to take care of their lawns/homes. The HOA can send letters and even place a lien on a home, but then what? Even if the HOA goes all the way and forecloses on a home, what are the chances any money will ever be recovered? Most of these neglectful homeowners are already in foreclosure or at the very least upside down on their loan. If there's any money to be had on a foreclosure, their are others in first and maybe even second position for the money (the banks), the HOA is the low man on the totem pole. So the HOA might spend thousands and thousands in legal fees and recover nothing. Who ends up paying? The remaining homeowners . It's a lose-lose for the remaining homeowners. You can be sure the management company and their lawyers will be paid though - they'll just raise your HOA fees to cover their expenses .

I sold my home and got out of my HOA neighborhood because I saw the writing on the wall. We only had a handful of foreclosures in the neighborhood, but I saw how quickly dealing with them ate into our HOA budget. I did not want to be legally tied to my neighbors.

Back to what you might be able to do, HopToIt:

1) Go to your HOA meeting and discuss requesting the Property Management company lower their fees while they ramp up going after the neighbors who are not paying their dues, mowing their lawns, etc.

2) If your Property Management company isn't getting results, shop around for a new management company. Find one who will work harder for less.

HOAs have become commonplace in Florida, but they seem flawed in their very design. Now that the market is cracking at the seams, the flaws of HOAs are magnified. If it gets bad enough, I can see neighborhoods agreeing to disband their HOAs entirely and become non-HOA neighborhoods....we may see this in the near future.

[Magnolia Bloom]

By law you can't withold your assessment payments.

[seeriously]

Originally Posted by HopToIt

I called about a few complaints we have had in our subdivision. But my question is, if they are not doing what they are paid to do, why should we pay them $120 PER MONTH?

If you don't pay your monthly HOA dues then you're asking your neighbors to pitch in and foot the $120 you are withholding.

[runswithscissors]

Originally Posted by HopToIt

Our subdivision is built out yet (only about 50% I'd say, maybe a little bit more) and so we dont have our own HOA yet.

I was going to say when you said management company...if your place is not built out then it's the builder's HOA.

Your experience is common with the bubble builders who crashed when it burst in 2007-2008.

Apparently your subdivision is having financial difficulties correct? And the builder and his management company are not doing their job.

There are zillions of half built subdivisions that were abandoned by the builder and ALL THE RESIDENTS ARE LEFT TO FEND FOR THEMSELVES with things like no pool being delivered, clubhouse being locked up , trash all over the place, jungle weeds etc.

You'd better get involved and active or you could end up like them.

They are supposed to TIMELY mow the lawns that are not maintained (if that is in your docs that the owners are supposed to mow) then BILL THE HOMEOWNER.

Same with any other violation. They correct it then bill the property owner.

Since you bought in a new development that is not yet resident run it's a risk you took, sorry. Now you have to organize with other neighbors to take control of your investment IMO. It's going to get WORSE when it becomes resident run and your expenses are going to go up even more.

You're not living in an apartment complex it's called HOME OWNERs for a reason. You guys are only spiting yourselves by being mad and doing nothing about it.

Are these deadbeats renters? That's another problem with your docs. You need your HOA to decrease investment properties or make up some new standards for renters.

Your 120.0 per month is nothing...and it pays for the common areas and the property management ITSELF and whatever amenities you have if any.

Some HOAs are seperate per building some are all aggregated together it's all different depending where you live.

Sometimes what appears to be a bargain is anything but a bargain once you get in it. I bought in an HOA strictly because the HOA was so good with mad high reserves. We have no problems at all. I pay 340 per month and it includes everything except electric and phone. Two clubhouses two pools tennis court, 50 acre nature center on the ICW, and loads of activities with a professionally managed office and staff. But I paid higher than "bargain" for that.

Get involved or become another Florida graveyard of incomplete subdivisions imo.

[runswithscissors]

Originally Posted by lagoon7

That sucks, Hoptoit.

There is a guy in our neighborhood who repainted the trim of his house. His house is white, he painted the trim a dark brown. It looked really nice. The HOA in our neighborhood got all up in arms because it didn't "match up with the rest of the neighborhood." They made him paint over it. So he painted over it with white paint...looks crappy. But it's been that way for a while so I guess that's how the HOA likes it. We also had an issue with them. The lot next to ours in vacant and wooded, which is nice, but there's no fence or anything, so the weeds from the lot spread into our yard. We tried to get the owners of the lot to cut back the brush and weeds from our property line, but they refused. We contacted the HOA, who said that they couldn't do anything about it. We had to hire a service out of our own pockets to clean it up.

Like I said, money down the drain.

Did you read your HOA docs before buying? Sometimes they are only a loosely defined HOA and only do certain things. Like maintain a gate and tennis court.

It's all in the docs what the rules are. Even the paint rules. WHO PAINTS in a planned community without knowing the rules???

When you say a "vacant lot" that has an "owner" this means you live in an unusual subdivision. No builder? Didn't you think what it would be like living next to a wooded vacant lot (no offense). This isn't a problem with HOA's imo it's a problem with home buyers learning as they go....it's happened to everyone welcome to the club (smile).