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Old 05-10-2012, 05:16 PM
 
3,273 posts, read 3,160,870 times
Reputation: 3433
Quote:
Originally Posted by ReadyFreddy View Post
But in this case the HOA passed a new rule in a community they already live in. I guess the moral is "if you care about the rules, become a member of the HOA board so you're aware of what's going down before it's a new rule, and can possibly stop it."
Good point and excellent advice. And if I was that upset about the change, I think I'd pay for a half hour consultation with a real estate attorney in addition to asking here on C-D.
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Old 05-10-2012, 05:26 PM
 
Location: Gilbert - Val Vista Lakes
6,066 posts, read 8,037,599 times
Reputation: 3657
Quote:
Originally Posted by Steve Pickering View Post
I can't believe people are so paranoid about controlling their neighbors they would sign into these agreements. They always (ALWAYS) come back to bite you. Just tell them no and they can bring suit if they want to. Your home owners insurance should cover your legal costs and the HOA will have to pay up if you prevail. I am not an attorney, and I do not play one on TV either.
In an HOA community the renter expects to have access to the amenities, in the case of Val Vista Lakes, it's the clubhouse with all the activities.

Owner and tenant both cannot have access. When the home is leased, the owner is required to file the transfer papers showing who is living in the home. The renters are then shown as having access to the amenities, and the owners no longer have access.

If the owner refused to fill out the transfer papers, then the use of the amenities will not be transferred to the tenant. In that case the tenant may sue the owner for breach of contract; not the HOA. It's the owner who is preventing the renter having access to the clubhouse by refusing to follow the rules.

Suing an HOA is not as simple as it sounds. First there must be grounds for a suit that an HOA attorney is willing to take on. Attorneys may run up a big bill with the owner or tenant arguing with the HOA attorney, and once the attorney learns that he would be criticized by the judge, he would probably advise the client to settle with the HOA over the counter suit by paying the HOA attorney fees.

Filing a law suit and the subsequent arguing with the other attorney can run up to $50,000 much faster than one may imagine, and before anything gets in front of a judge, except for the HOA attorney asking for summary judgment over a frivolous claim. So, second is to have some deep pockets to pay the attorney. I don't think any attorney would take that kind of case on contingency, because they know they're not likely to win. In that case, it's pay as you go.

I seriously doubt if any homeowners policy covers a lawsuit for a tenant or owner to sue an HOA because they don't want to follow the rules. That is not what homeowners insurance is for. If anyone thinks it is, then I would suggest thoroughly reading the policy.
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Old 05-10-2012, 05:34 PM
 
Location: Dallas, Oregon & Sunsites Arizona
7,747 posts, read 5,823,874 times
Reputation: 2282
You won't know unless you stand your ground. These HOA's are not deep pockets either. Tell them to sue. If they do, that is why you have insurence. I do not understand why so many people cower from these bully groups.
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Old 05-10-2012, 05:39 PM
 
Location: Scottsdale
272 posts, read 251,420 times
Reputation: 160
Quote:
Originally Posted by ReadyFreddy View Post
But in this case the HOA passed a new rule in a community they already live in. I guess the moral is "if you care about the rules, become a member of the HOA board so you're aware of what's going down before it's a new rule, and can possibly stop it."
Touche. I'd rep you again if the darn system would allow me to.

Last edited by JoeC; 05-10-2012 at 06:08 PM.. Reason: Correct a misspelling.
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Old 05-10-2012, 05:57 PM
 
Location: Scottsdale
272 posts, read 251,420 times
Reputation: 160
Quote:
Originally Posted by Kimballette View Post
So much common sense in one post! I'm consrtantly amazed at how worked up people get about something they agreed to. If you're opposed to the provisions in a contract, CC&Rs, etc., then don't sign. Move on.
Why, thank you.
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Old 05-10-2012, 06:14 PM
 
Location: Tucson for awhile longer
5,181 posts, read 4,837,079 times
Reputation: 13807
Quote:
Originally Posted by Steve Pickering View Post
You won't know unless you stand your ground. These HOA's are not deep pockets either. Tell them to sue. If they do, that is why you have insurence. I do not understand why so many people cower from these bully groups.
I would be curious to know if you, and others like JoeC and Sco, who have been so vehement on this issue, even live in HOA communities. If you do not, then why are you getting so worked up about it?

People who do have noted here time and again that they understand what they signed and they have no objection to HOA oversight as a rule. Captain Bill has provided us with sensible advice about the legalities and that's that. It seems odd, then, that this needs to be argued for pages and pages.

You folks abhor the concept of HOAs. We get it and that's fine. As Kimballette noted, you're free to live elsewhere and I suspect you do. So why are you stirring a pot that you're not even going to eat out of?
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Old 05-10-2012, 06:36 PM
 
578 posts, read 437,400 times
Reputation: 887
Quote:
Originally Posted by jukesgrrl View Post
i would be curious to know if you, and others like joec and sco, who have been so vehement on this issue, even live in hoa communities. If you do not, then why are you getting so worked up about it?

People who do have noted here time and again that they understand what they signed and they have no objection to hoa oversight as a rule. Captain bill has provided us with sensible advice about the legalities and that's that. It seems odd, then, that this needs to be argued for pages and pages.

You folks abhor the concept of hoas. We get it and that's fine. As kimballette noted, you're free to live elsewhere and i suspect you do. So why are you stirring a pot that you're not even going to eat out of?
the end!
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Old 05-10-2012, 06:41 PM
 
1,232 posts, read 1,350,743 times
Reputation: 624
It's the evil overlord big brother syndrome. [mod cut- off topic] We little guys must band together and stop their reigns of terror.

Last edited by observer53; 07-27-2012 at 04:22 PM..
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Old 05-10-2012, 06:43 PM
 
Location: Scottsdale
272 posts, read 251,420 times
Reputation: 160
Quote:
Originally Posted by Jukesgrrl View Post
I would be curious to know if you, and others like JoeC and Sco, who have been so vehement on this issue, even live in HOA communities. If you do not, then why are you getting so worked up about it?
Please read my comment again. To reiterate: If you sign the HOA agreement, you are legally bound to follow the rules and regulations. If, after reading the community's HOA documents, you decide that you don't want to live under their constraints, don't buy in that community.

As for my "vehemence": My wife and I have been looking to relocate to the SW for a while, and have reviewed many HOA agreements. We decided that living under an HOA is not for us. That's all. I'm not saying that living with an HOA is wrong in and of itself - it's just wrong for us.
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Old 05-11-2012, 01:25 AM
 
Location: South Tempe, AZ
13,861 posts, read 16,532,236 times
Reputation: 6167
Quote:
Originally Posted by Steve Pickering View Post
You won't know unless you stand your ground. These HOA's are not deep pockets either. Tell them to sue. If they do, that is why you have insurence. I do not understand why so many people cower from these bully groups.
I seriously doubt your homeowners insurance will provide legal representation, or cover a monetary judgment, if that's what you are implying, if your HOA sues you for noncompliance. That's not what homeowners insurance is intended to cover. I would not advise anyone here to rely on that in "standing your ground" against compliance with an HOA's rules.
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