What happens if I don't pay my Homeowners Association fees? (Orlando: lawyer, hoa fees)

[ucfjtm]

This is why I hate all these new communities - 98% of them have HOAs to deal with. I've never had a problem dealing with neighbors in neighborhoods without HOAs, and I'm thankful I'm living in a good area without one now. City ordinances are all that should be required to deal with neighbors - not paying an HOA to be a faux police force.

Dee2e - that's rough.. 100% agreement? Like that'll ever happen since there are usually one or two residents that RUN the HOA, and these few on a power trip are not going to get rid of their own 'government.'

[Dee2e]

Originally Posted by ucfjtm

This is why I hate all these new communities - 98% of them have HOAs to deal with. I've never had a problem dealing with neighbors in neighborhoods without HOAs, and I'm thankful I'm living in a good area without one now. City ordinances are all that should be required to deal with neighbors - not paying an HOA to be a faux police force.

Dee2e - that's rough.. 100% agreement? Like that'll ever happen since there are usually one or two residents that RUN the HOA, and these few on a power trip are not going to get rid of their own 'government.'

I'm glad we have strict rules for change. Our HOA rules really are very limited so it's good that you can't make change without much thought and agreement of those affected by the changes. It's not a bad thing.

[ucfjtm]

Originally Posted by Dee2e

I'm glad we have strict rules for change. Our HOA rules really are very limited so it's good that you can't make change without much thought and agreement of those affected by the changes. It's not a bad thing.

The problem with 100% though..
If one homeowner is causing problems in the community that everyone else dislikes, but the problems are not defined in the HOA rules, you'll never be able to do anything about it! That problematic homeowner would never vote against their own house. If it is a group of 2 or 3 homeowners that are causing problems, then a 75% vote required law would work. Sometimes many homeowners just don't want to get involved, so they don't vote. Having too strict of a vote makes change impossible, and that's usually not a good thing - especially for newer communities.

[michael c]

Originally Posted by wiredless

Sorry for your predicament. We are in a similar one but only w/ loud screaming kids in front of our driveway and in the middle of the street. All this in a townhouse. We like kids (but not screaming ones...and this happens practically everyday from about 4-8PM) We wonder if these kids even eat! The association gives the excuse that they don't have a playground. Gee, so lets put the kids in the middle of I-4 (bigger playground)!

Thats cold......

[Joe S]

Your HOA board can only enforce rules that are in the bylaws or HOA documents. Not paying HOA dues is not a solution to resolve any issue with your HOA, Paying dues is part of your deed restriction and the HOA has the legal right to foreclose on your property for non-payment of HOA dues.
The HOA has no police power to get involved in civil disputes between neighbors unless the HOA documents state that dogs can’t bark at certain times of the day or there is a rule not to feed the wild life.
I had a similar problem with a dog barking at the wild life at night. I called my local code enforcement to see if there was any dog barking ordinances. They took care of the problem and the dog is not let out at night anymore. I haven’t had a dog barking problem since. As per feeding the birds, depending on the county or city you live in there may me ordinances on not feeding the wild life. Hope this helps. Code enforcement can resolve a lot of issues your HOA and local police can’t.

[Dee2e]

Originally Posted by Joe S

Your HOA board can only enforce rules that are in the bylaws or HOA documents. Not paying HOA dues is not a solution to resolve any issue with your HOA, Paying dues is part of your deed restriction and the HOA has the legal right to foreclose on your property for non-payment of HOA dues.
The HOA has no police power to get involved in civil disputes between neighbors unless the HOA documents state that dogs can’t bark at certain times of the day or there is a rule not to feed the wild life.
I had a similar problem with a dog barking at the wild life at night. I called my local code enforcement to see if there was any dog barking ordinances. They took care of the problem and the dog is not let out at night anymore. I haven’t had a dog barking problem since. As per feeding the birds, depending on the county or city you live in there may me ordinances on not feeding the wild life. Hope this helps. Code enforcement can resolve a lot of issues your HOA and local police can’t.

Not all HOAs are deed restricted. If the community is not deed restricted, the HOA cannot enforce dues payment. I live in one such community. People that want to pay due, do and those that do not want to pay, do not pay.

Otherwise, good comments about code enforcement.

FYI, I do know of one deed restricted community where it is in the bylaws that dogs that bark outside may only be out there for a limited time then must be brought inside. Of course, it's made it more difficult for me to get the house sold!

[Chihuahua]

We live in Arizona and the HOA fees never stop going up. Does this mean as long as we live in this house we have to pay such outrageous fees and they will never stop going up. Shouldn't there be a cap put on these fees where it eventually stops going up. Don't us homeowners have any rights about these fees always raising. It's going to get to the point where some homeowners are going to have to sell there house cause they just can't afford these fees. Why do they have the right to raise these fees every 6 months. We as homeowners just have no rights at all. When they want you to fix something they don't like, we have a time limit to get it done or were fined. When I ask the HOA to fix something they either never get here to fix it or it takes them 8 months to fix something. I should be able to fine them also for taking so long. Is there something we as homeowners can do to get these fees lowered and to stay lowered? My husband and I are just fed up with them. They send us statements showing us why they need this much money, but for all the money they ask for you would think the front of our homes would look outstanding and it doesn't. Thank you, Debbie

[Joe S]

If fees are continuing to go up you as a homeowner and HOA member have the right to see all the contracts the board has with vendors and review the HOA spending practices. It could be that your HOA board or management company is mis-managing funds or doesn’t take low bids or in the worst case giving contracts to friends and relatives. HOA fees should go up a little each year due to raising cost of utilities and services. Contracts with vendors should be reviewed and negotiated yearly and if you find a vendor that does a good job negotiate a long term contract of several years to get a lower price. I’m very involved in my HOA and was instrumental in our fees going down two years in a row by becoming active in my HOA and took over the process of biding on maintenance contracts and got homeowners who are trades people to bid on work or volunteer their services to help keep cost down. If homeowners are not active in the HOA prices will creep up. We also saved by cutting down on landscaping and watering and sponsored community events to plant seasonal plants, put down mulch, paint walls and fences and cleanup common areas. Homeowners must go to board meetings and ask a lot of questions and keep the board on there toes and make them justify everything they approve.

[Dee2e]

Originally Posted by Joe S

If fees are continuing to go up you as a homeowner and HOA member have the right to see all the contracts the board has with vendors and review the HOA spending practices. It could be that your HOA board or management company is mis-managing funds or doesn’t take low bids or in the worst case giving contracts to friends and relatives. HOA fees should go up a little each year due to raising cost of utilities and services. Contracts with vendors should be reviewed and negotiated yearly and if you find a vendor that does a good job negotiate a long term contract of several years to get a lower price. I’m very involved in my HOA and was instrumental in our fees going down two years in a row by becoming active in my HOA and took over the process of biding on maintenance contracts and got homeowners who are trades people to bid on work or volunteer their services to help keep cost down. If homeowners are not active in the HOA prices will creep up. We also saved by cutting down on landscaping and watering and sponsored community events to plant seasonal plants, put down mulch, paint walls and fences and cleanup common areas. Homeowners must go to board meetings and ask a lot of questions and keep the board on there toes and make them justify everything they approve.

Good post!

You have given good advice to those with HOAs to follow. If you don't keep in control of the HOAs, you're HOA can get out of control quickly.

[tablemtn]

The solution is to refuse to purchase property in areas controlled by mandatory HOA arrangements. I have always done this. If enough people do it, HOAs will gradually fade away. The realtor will probably be very surprised at first, and insist that the HOA provides a benefit, but insist on non-HOA properties only.