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HOAs often make up rules that are not in the governing documents. Hire a lawyer to interpret the HOA Docs.
Isn't that the truth. I pointed to two instances in the HOA terms that THEY VIOLATED. Regarding blocking driveways, easements, having RVs and trailers parked in driveways. I must have complained 3 or 4 times to him about my neighbor doing all of the above, in a microscopic cul-de-sac. We need ALL the room possible, there's barely room to maneuver vehicles as it is, let alone having to drive through a maze every time I reverse out of my driveway. Of course he didn't feel like enforcing that rule, and came to me saying it was temporary, even though they parked like that for the duration of their time staying at that house.
Now there's this, a rule that doesn't even exist. They enforce what they want, depending on how lazy they are feeling, and make up rules along the way.
Here it is, most of the issues I have with them don't start until around page 11 or so, though if you have the time, I'd read it all as there are various rules peppered throughout the entire document.
I'm a huge DIYer. The amount of money that can be saved by working on my own car is huge, I haven't had someone else touch any of my vehicles in around 15 yrs. What really tears it, is that I'm not even allowed to work on my vehicles on my property, and I wasn't told this, or even given access to this document before signing my mortgage paperwork. That "designated area" to work on vehicles is a load as well, he closed the gate and locked someone inside while he was working on his car. Screw him, I've been doing it in my garage. I'm respectful, don't make loud noises after around 7pm or so, clean up any oil spills, and from outside, you wouldn't know I work on my car.
Then there's the fact that he's allowed to wander on my property unannounced to "inspect" my house. What if my wife was outside sunbathing, in our fenced in yard? I bought a house to get away from this nonsense that renters have to deal with, and here we are, still dealing with it. Now, I will give credit where credit is due, and say that no, as of today, he has not to my knowledge, been wandering around on my property. But the principal that he's allowed to, and it cannot be considered trespassing is just wrong.
How can this be legal if I was never granted access to the rules and regulations before signing my mortgage documents?
My mother and stepfather moved to FL from NY in 1987. They were going to buy in a gated community until they got the novel from the HOA. You need a friggin' lawyer to decipher it. When my stepfather saw the paragraph saying your garage door had to be closed at all times unless you were coming or going he said fuggetaboutit.
When looking at properties in HOA communities I always ask for the rules & regs before deciding whether to purchase in there or not. If they association won't give them to you before you make an offer I would walk away.
My mother and stepfather moved to FL from NY in 1987. They were going to buy in a gated community until they got the novel from the HOA. You need a friggin' lawyer to decipher it. When my stepfather saw the paragraph saying your garage door had to be closed at all times unless you were coming or going he said fuggetaboutit.
When looking at properties in HOA communities I always ask for the rules & regs before deciding whether to purchase in there or not. If they association won't give them to you before you make an offer I would walk away.
The gimmick these days is mostly to demand $$ to provide them.
Receiving them, of course, does not prevent them from being changed AFTER you purchase the property. In declarant controlled subdivision, the declarant can change them years after you move in - so whatever assurances you believe you get from the documents you have been given are not assurances at all. More use and enjoyment of your property can be taken away from you after the fact.
Finding non-HOA property has become ever more difficult. Developers enjoy having a regime to rule the subdivision with during the period of declarant control - which can last many decades. Developers and local government also want an HOA as a control shifting (away from homeowners) and liability shifting (to homeowners) tool. So virtually all new housing is burdened by HOAs irrespective of what buyers actually want. Buyers are forced to choose from what's available.
Here it is, most of the issues I have with them don't start until around page 11 or so, though if you have the time, I'd read it all as there are various rules peppered throughout the entire document.
I'm a huge DIYer. The amount of money that can be saved by working on my own car is huge, I haven't had someone else touch any of my vehicles in around 15 yrs. What really tears it, is that I'm not even allowed to work on my vehicles on my property, and I wasn't told this, or even given access to this document before signing my mortgage paperwork. That "designated area" to work on vehicles is a load as well, he closed the gate and locked someone inside while he was working on his car. Screw him, I've been doing it in my garage. I'm respectful, don't make loud noises after around 7pm or so, clean up any oil spills, and from outside, you wouldn't know I work on my car.
Then there's the fact that he's allowed to wander on my property unannounced to "inspect" my house. What if my wife was outside sunbathing, in our fenced in yard? I bought a house to get away from this nonsense that renters have to deal with, and here we are, still dealing with it. Now, I will give credit where credit is due, and say that no, as of today, he has not to my knowledge, been wandering around on my property. But the principal that he's allowed to, and it cannot be considered trespassing is just wrong.
How can this be legal if I was never granted access to the rules and regulations before signing my mortgage documents?
I see with the easy look up of your corporation ... well, that you are a corp and are in good standing. And it lists the Registered Agent Name and Address on Chapel Lane is you don't know it already. Go here and write in your hoa name:
So in looking at your documents I noted Article VI that addresses lien and foreclosure for the HOA board to get proceeds due them.
I see Declaration Article XVI Section 1 addresses Rights and says the association and BOD and members shall not abandon the regime of covenants and restrictions established by this Declaration. You or your attorney might want to quote that back to them.
You might want to pushback a little by calling on Art. XVI Sect. 3 - examining records. Just for fun. It'll make them a little mad. And you can see where they are really spending that $6000 said to be for mowing.
At some point they may claim Article IX - Prohibited Uses. Section i speaks of the BOD having the right to adopt additional rules regarding preservation of trees, nature....etc. They do mention this should pertain to The Property. Those caps. Probably refers to common area.
So...the Common Area you are supposed to maintain in Dickensian fashion. Is that the Forest Commons on the website? The one that is open for hiking for HOA families and guests? And those families and guests that use the many access points addressed are not doing a thing?
Perhaps get a group together to go to your next HOA meeting to discuss charging admission for that hiking area since the HOA is unable to afford proper care. That said, yes, that could be in your land record as someone said. I have heard that about a few other communities not in SD. And it doesn't show up unless one hunts for it.
I see with the easy look up of your corporation ... well, that you are a corp and are in good standing. And it lists the Registered Agent Name and Address on Chapel Lane is you don't know it already. Go here and write in your hoa name:
So in looking at your documents I noted Article VI that addresses lien and foreclosure for the HOA board to get proceeds due them.
I see Declaration Article XVI Section 1 addresses Rights and says the association and BOD and members shall not abandon the regime of covenants and restrictions established by this Declaration. You or your attorney might want to quote that back to them.
You might want to pushback a little by calling on Art. XVI Sect. 3 - examining records. Just for fun. It'll make them a little mad. And you can see where they are really spending that $6000 said to be for mowing.
At some point they may claim Article IX - Prohibited Uses. Section i speaks of the BOD having the right to adopt additional rules regarding preservation of trees, nature....etc. They do mention this should pertain to The Property. Those caps. Probably refers to common area.
So...the Common Area you are supposed to maintain in Dickensian fashion. Is that the Forest Commons on the website? The one that is open for hiking for HOA families and guests? And those families and guests that use the many access points addressed are not doing a thing?
Perhaps get a group together to go to your next HOA meeting to discuss charging admission for that hiking area since the HOA is unable to afford proper care. That said, yes, that could be in your land record as someone said. I have heard that about a few other communities not in SD. And it doesn't show up unless one hunts for it.
Excellent info, thanks a bunch. I'll see about meeting with a lawyer on Monday. As for the trails and such, I'm not sure about them contacting the HOA regarding... well, anything. It seems that most people around here just brush it off as something not worth arguing about.
On a side note, I found it absolutely hilarious when I looked outside my window today to see my neighbor mowing the other neighbor's lawn, bagging it, and putting the full yard waste bags in his driveway. He may have the balls to complain to the HOA, big military dude who seems to not wanna deal with a bunch of BS. I don't blame him though, the guys yard looked like crap, overgrown and covered in weeds. The funniest part, is the guy was home when it happened. Didn't confront him or say a word. I've had issues with him as well, breaking into my garage to help himself to my tools.
Last edited by Username00; 05-22-2016 at 07:14 PM..
At either rate, I can't find anywhere mentioning I'm responsible for property that isn't mine. I sent my HOA president a follow up email mentioning such, and I suppose if he still thinks so, I'll need to get a lawyer to make sense of the HOA agreement. If anyone is reading this, take note, DO NOT BUY IN AN HOA MANAGED NEIGHBORHOOD. They will not help you when you have issues such as being blocked in your own driveway. Ask me how I know this
What a headache, I have a feeling this is going to go on until I move out. We've only been here a few years and already had our fair share of issues such as them incorrectly dating meeting notices, making it impossible to make it to a meeting to vote on anything.
EDIT: It does appear that their favorite action to take with noncompliance, is placing a lien on the property. Super.
Yeah..I will never, ever live in an HOA ever again. Such a mess they've become.
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