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Old 03-05-2011, 03:57 PM
 
Location: Cary, NC
43,291 posts, read 77,115,925 times
Reputation: 45657

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Our courts exist to handle myriad "private" disputes.
HOA issues are only one among many.
Perhaps I should be able to opt out of supporting divorce courts or traffic courts, if I think they are misapplied?
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Old 03-05-2011, 03:58 PM
 
Location: The Woods
18,358 posts, read 26,495,840 times
Reputation: 11351
Quote:
Originally Posted by MikeJaquish View Post
Our courts exist to handle myriad "private" disputes.
HOA issues are only one among many.
Perhaps I should be able to opt out of supporting divorce courts or traffic courts, if I think they are misapplied?
HOA's are not part of the government like traffic courts are.
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Old 03-05-2011, 04:12 PM
 
4,399 posts, read 10,671,195 times
Reputation: 2383
Quote:
Originally Posted by MikeJaquish View Post
Our courts exist to handle myriad "private" disputes.
HOA issues are only one among many.
Perhaps I should be able to opt out of supporting divorce courts or traffic courts, if I think they are misapplied?
Traffic courts and divorce courts are part of the government. You aren't making any sense. The HOA isn't part of the government. So I don't know what your point is.

Regardless the point is that the idea that what actions the HOA takes against homeowners is nobody elses business when the HOA constantly tasks the state to do its biddding is ludicrous.

Last edited by jdm2008; 03-05-2011 at 04:22 PM..
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Old 03-05-2011, 06:05 PM
 
Location: Cary, NC
43,291 posts, read 77,115,925 times
Reputation: 45657
Of course, courts are public business.

Jeeze, I'm on the record as not crazy about HOAs, but the concept that using the courts for private business dispute resolution should be disallowed will have the back cover of the Yellow Pages lawyers laughing like hyenas for a week.
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Old 03-05-2011, 06:08 PM
 
4,399 posts, read 10,671,195 times
Reputation: 2383
Quote:
Originally Posted by MikeJaquish View Post
Of course, courts are public business.

Jeeze, I'm on the record as not crazy about HOAs, but the concept that using the courts for private business dispute resolution should be disallowed will have the back cover of the Yellow Pages lawyers laughing like hyenas for a week.
I guess we are just making things up as we go along now?
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Old 03-05-2011, 06:24 PM
 
Location: Cary, NC
43,291 posts, read 77,115,925 times
Reputation: 45657
Quote:
Originally Posted by jdm2008 View Post
I guess we are just making things up as we go along now?
I noticed that trend. But, I'm trying to help keep things focused on fact.
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Old 03-05-2011, 08:36 PM
 
Location: Lake Norman, NC
8,877 posts, read 13,915,570 times
Reputation: 35986
Quote:
Originally Posted by arctichomesteader View Post
No entity other than an elected government should ever be allowed to tax or create regulations with the same strength as law.
Then we should outlaw credit cards, banking, etc. You opt into them, but they "tax" you (interest and fees) and legally challenge you if you don't play by the rules you agreed to.

HOA's are perfectly fine. We've owned homes in several HOA communities. In fact, we are hesitant to build in the non-HOA subdivision we are looking at now. These are new homes people are moving into and bringing their campers, boats, stock cars, etc. Even though the lots are huge and the neighbors are pretty cooperative, there's going to be a point where this will change and the nuisances will be there.
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Old 03-06-2011, 07:06 AM
 
Location: Perry South, Pittsburgh, PA
1,437 posts, read 2,872,260 times
Reputation: 989
Oh no, how dare those evil, evil people have possessions.
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Old 03-06-2011, 08:27 AM
 
Location: The Woods
18,358 posts, read 26,495,840 times
Reputation: 11351
Quote:
Originally Posted by Stripes17 View Post
Then we should outlaw credit cards, banking, etc. You opt into them, but they "tax" you (interest and fees) and legally challenge you if you don't play by the rules you agreed to.
A loan isn't the same as what amounts to a tax on your home, for which they will steal it from you if you fail to pay. Interest is a fee for borrowing money. I also don't recall any credit card company telling people not to use their garage, cut their grass to a certain height, etc.



Quote:
HOA's are perfectly fine. We've owned homes in several HOA communities. In fact, we are hesitant to build in the non-HOA subdivision we are looking at now. These are new homes people are moving into and bringing their campers, boats, stock cars, etc. Even though the lots are huge and the neighbors are pretty cooperative, there's going to be a point where this will change and the nuisances will be there.
Oh the horror, people own boats and campers and aren't mindless zombies.
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Old 03-06-2011, 09:02 AM
 
Location: On the Chesapeake
45,385 posts, read 60,575,206 times
Reputation: 60996
HOA disputes are considered contract issues if they hit the court system.

The solution if you don't like HOAs is don't buy into one (I'm not in one although I live in an incorporated municipality). They serve a purpose and in some cases relieve the general taxpayers of an area from additional charges. If an HOA has a pool/tennis courts then that is a benefit those residents pay for. In some cases HOAs allow a greater density of homes (not necessarily a good thing).

My complaint is that many times, and I've said this here numerous times, is that many HOA residents/boards don't know where their responsibilities begin in relation to the surrounding jurisdiction.
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