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My HOA board sucks. Someone is making it a mini-dictatorship (we have less than 80 homes in our community with 3 board members - 2 of whom act like puppets). Our "dictator" is creating rules and fines as he goes along, and shows bias with whom they apply to. He threatens legal action and fines in order to get his way.
I'm seriously ready to move. In the meantime, I'm ready to campaign to my state legislators with my story and how there needs to be accountability for these types of corporations at the state level... some sort of oversight, even if it is by an existing agency.
If the Board is so bad why don't you lobby neighbors and get yourself elected to the Board at the next election. That way you can use the rules to change how the HOA operates rather than incur the expenses of moving.
I'm ready to campaign to my state legislators with my story and how there needs to be accountability for these types of corporations at the state level... some sort of oversight, even if it is by an existing agency.
The NC Planned Community Act does provide some level of regulation. It lays out procedures for fines, etc. You might read it to ensure your HOA is acting in compliance.
Yeah, my board pays these laws no mind. I have looked through them enough - I'd say there's been NO compliance but who am I to judge. We have by-laws and convenants that govern how the POA should be run and they don't care. There's really one ringleader who was suspiciously appointed to the 3 person board after most of the previous board lost their seats in the last election. Since this time, I have witnessed so much hostility directed towards me and several of my neighbors (particularly those who were on previous boards).
As of this weekend, the current board has suspended my rights as a member for one year (meaning I can't vote or even speak at a meeting - if I attempt to, they have threatened a $500 fine) and restricted my ability to serve as a board member for 2 years. This was from my two-time request to see specific meeting minutes (particularly when said board meeting was appointed and when a previous board member lost his seat), financial statements, landscaping contract, and community rules and regulations. They never provided this information to me - only summoned me to an illegal hearing, asked me yes or no questions, and suspended my rights. Then had the gall to say they now have no obligation to provide the documentation I requested (I've been requesting answers since February, but started doing it in formally written letters in June). They did not base my suspension on any violation of covenants, by-laws, or rules. There's really no basis. When I asked for a basis at the hearing, they told me to leave (and had me escorted out by a Durham police officer when I continued to question why). I'm working on my appeal letter but have no faith in what it will accomplish since it goes directly to them.
I don't have the funds to fight this in court. I have neighbors who are mad yet exasperated... we all have lives. We want to get the neighborhood together but I believe some think it will be a waste of time.
I'm all for fighting "the man" so it's worth the shot to me. I can't do it by myself though. We'll see how it goes.
If you look through this board you will see that most of the people with serious issues with their neighbors (sports equipment in the streets, satelite dish on their propery, etc) live in communities without HOAs...
I love my HOA!
I do too! We have a voluntary HOA. Everyone has to abide by the covenants (which are very laid back), but not everyone has to pay the annual fee to become a member (the fee is $50/yr). No amenities such as common areas, swimming pools, etc. Just maintenance of the entrances and plantings there, and a few socials, neighborhood cook-outs, etc.
Quote:
Originally Posted by Beermat
If the Board is so bad why don't you lobby neighbors and get yourself elected to the Board at the next election. That way you can use the rules to change how the HOA operates rather than incur the expenses of moving.
Exactly! This is the way to effect change.
We've been part of two HOAs, one up north, one here. Both have been very good experiences. Ours is not exessively restrictive or overbearing, but just enough to keep people informed and keep the neighborhood looking good and help maintain home values. I think that is in everyone's interests. Overall, we have a great group on the Board, understanding and fairly easy going. No HOA nazis here. Not even close. :-)
There were quite a few subdivisions I eliminated because of the Covenants, which I asked for in advance of even looking at a house. I much prefer the protection that (reasonable) Covenants provide.
My HOA board sucks. Someone is making it a mini-dictatorship (we have less than 80 homes in our community with 3 board members.
With 80 homes you should have it easy to lobby against them if so many people are not happy with they way the HOA is run. I would knock on everyones door and get their proxy or get them to get to the annual meeting on the next election. Then the community would decide.
1. I agree that unless there is provision for an HOA in the covenants at the time you bought the property, an HOA cannot be imposed after the fact. It can be formed, but would not be binding unless every property owner agrees. My previous property did not have an HOA but it did have restrictive covenants that provided for an HOA when enough lots were sold.
2. HOA's are only as good as the members, and elected board. I now live in a gated community with private streets and a healthy HOA with conscientious and reasonable board members. The board and HOA does a lot for the community, but it cannot deal effectively with neighbor-to-neighbor conflicts.
1. I agree that unless there is provision for an HOA in the covenants at the time you bought the property, an HOA cannot be imposed after the fact. It can be formed, but would not be binding unless every property owner agrees. My previous property did not have an HOA but it did have restrictive covenants that provided for an HOA when enough lots were sold.
2. HOA's are only as good as the members, and elected board. I now live in a gated community with private streets and a healthy HOA with conscientious and reasonable board members. The board and HOA does a lot for the community, but it cannot deal effectively with neighbor-to-neighbor conflicts.
You speak too broadly in Number 1. It would depend on the wording of the covenants.
Some subdivision covenants allow the formation of an HOA if 80% of the property owners agree, and since the covenants run with the land, would be binding on any naysayers.
You speak too broadly in Number 1. It would depend on the wording of the covenants.
Some subdivision covenants allow the formation of an HOA if 80% of the property owners agree, and since the covenants run with the land, would be binding on any naysayers.
Maybe I wasn't clear enough, but my statement is not in disagreement with yours. If the covenants allow for an HOA, then whatever procedure is outlined in the covenants would work. If the covenants make no provision at all for an HOA, then it cannot be imposed after the fact. The example you state with 80% only works if the covenants make provision for that. I have been involved in the development of two subdivisions, and in both cases the covenants made provision for HOAs.
Maybe I wasn't clear enough, but my statement is not in disagreement with yours. If the covenants allow for an HOA, then whatever procedure is outlined in the covenants would work. If the covenants make no provision at all for an HOA, then it cannot be imposed after the fact. The example you state with 80% only works if the covenants make provision for that. I have been involved in the development of two subdivisions, and in both cases the covenants made provision for HOAs.
Whoops. I see. Maybe I could have read it diffferently...
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