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What some HOA boards are hoping for is the court system that wants to keep HOA boards happy because HOAs can keep residents placated with private amenities, sometimes private roads, sometimes private security...meaning the municipality doesn't pay for maintaining the residents' recreation and security. AND the residents still pay taxes on the muni roads and recreation and law enforcement.
And some boards enjoy the high priced lawyer they can get in order to win at all costs. Because they are using homeowner money.
And they enjoy it when they are in an area where loser pays all fees.
Remember one thing about HOA's. You agreed with their Covenants, Bylaws, Rules & Regulations when you bought in. If you paid not attention to such then shame on you, not them.
About 35 years ago I was given a speeding ticket by a private security guy for going 30 in a 25 in a gated community. I did not pay the fine, and was sent a strongly worded and menacing letter that I was no longer allowed in their community. I have subsequently been to that same development a couple of hundred times, so I assume there is no "Wanted Poster" of me at the gate.
Did you even read the OP? There is no ticket! They are fining an owner because of the behavior of their guest. The owner is responsible for their guests.
Try taking it to court after you already signed documents agreeing that the HOA has the power to do this. You don't need to know how fast if a person is seen driving recklessly.
About 35 years ago I was given a speeding ticket by a private security guy for going 30 in a 25 in a gated community. I did not pay the fine, and was sent a strongly worded and menacing letter that I was no longer allowed in their community. I have subsequently been to that same development a couple of hundred times, so I assume there is no "Wanted Poster" of me at the gate.
Yeah, that's our HOA as well. They are great at sending letters, followed by sternly-worded letters.
They do have other means, however (the manager told me himself that unpaid back association fees are quickly up-to-date each June when the pool opens when the key cards are re-programmed for the pool gate locks). And the HOA will alert the city to property violations (grass too tall, irrigating illegally, etc., for which the city can and does fine). We are not behind gates, though, and have public roads.
Call the piece of paper what you want. I want to see the HOA make this stick. I would see them in court first just on principle, and I have the financial resources to do it. You let these nazi wannabes get away with this and they'll just look to make your life even more miserable.
It will stick because the owner has agreed to it when they bought their home. HOAs don't lose these cases when a person agrees to something and signed that they accept and understand.
It will stick because the owner has agreed to it when they bought their home. HOAs don't lose these cases when a person agrees to something and signed that they accept and understand.
I have a buddy who parked on the street. HOA tried to fine him on it. He told them to pound sand, they backed off. Public street and HOA does not have LE authority. I wanted to put up a satellite dish. HOA said not if it's visible from the street. I gave them the FCC statute that said HOA can't do that. They backed down. HOAs are not God-like entities. A lot of them will back down if you push back. If you want an HOA that would make the nazis look civilized, move to FL or CA.
What some HOA boards are hoping for is the court system that wants to keep HOA boards happy because HOAs can keep residents placated with private amenities, sometimes private roads, sometimes private security...meaning the municipality doesn't pay for maintaining the residents' recreation and security. AND the residents still pay taxes on the muni roads and recreation and law enforcement.
And some boards enjoy the high priced lawyer they can get in order to win at all costs. Because they are using homeowner money.
And they enjoy it when they are in an area where loser pays all fees.
Me: And some boards enjoy the high priced lawyer they can get in order to win at all costs. Because they are using homeowner money.
WFW&P:
Quote:
Originally Posted by WFW&P
Not true. HOAs have finite funds.
I can understand you saying "not true" if I said all boards do this. However, I said "some boards".
Some boards I know for a fact....I don't just take up air talking.....will get the $300-$350 lawyers.
And, if they have to, they will take a special assessment for a small amount divided over all the residents or even a small increase in dues when, divided over many residents, looks tiny to the individual resident and therefore not worth fighting over but is meaningful to the board for their expenses.
And this kinds of thing has been said before by others.
And I have said often I was in 12 HOAs so good I didn't even know where or who the board was...didn't need to.
And then there was that one. At that point, many residents said no HOA ever again. That is because a bad HOA board is playing with essentials in a person's life....family, home and money. And once they've been damaged you don't want to take that risk twice. Even for one out of 13.
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