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Old 05-28-2013, 04:12 PM
 
Location: Spurs country. "Go, Spurs, Go!"
3,367 posts, read 3,932,974 times
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I'd like to know what you consider "bullying". Many HOA's have a weak board, with members hemming and hawing about following up with those homeowners that are violating the written DCCR's. I want to have a strong board, one that will send out notices to those who are not in compliance, rather than have a weak board let non-compliance slide because they don't want to upset anybody.
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Old 05-31-2013, 10:10 PM
 
2,818 posts, read 3,333,777 times
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Here's just one example from the San Antonio area:
Brian Collister's Blog: Ousted HOA president demands millions

Lots of examples of board members and the HOA vendors using assessment monies to set up their own personal despotic little regimes and bullying. In this case (and many others) homeowners were abused for many years. This case did eventually have a happy resolution - at least from the perspective of the victims. The former president and the "HOA" attorney were hit jointly personally with a $208,000 judgment. The HOA attorney was hit with an additional $50,000.

For the OP, enjoy the videos here:
Good Fences: San Antonio Texas Homeowners Association Attorney - HOA Lawyer Blog: Bexar County Jury Awards HOA $208K from former President and Lawyer

The HOA attorneys and management companies engage in bullying for $$$. The board members are sometimes unaware. However, there are plenty of board members that bully to satiate their egos. Some are simply psychopaths that enjoy causing others pain. See, HOA Academy
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Old 05-31-2013, 10:13 PM
 
35,121 posts, read 39,996,116 times
Reputation: 62022
Do not purchase a home in an area that has a Homeowners Association or sell your current home and move somewhere else.
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Old 06-01-2013, 07:37 AM
 
Location: Stone Oak
487 posts, read 978,525 times
Reputation: 329
You continually accuse this person of "bullying." Please explain what exactly she is doing.
Getting herself and like minded individuals elected is not what I consider bullying. If she is following your founding documents and CC&R's to the letter, she is doing her job.
If there are real issues if inappropriate or illegal actions go directly to the management company. If you don't get help from your property manager demand to talk to their supervisor.

Hard work (very hard work) can undo any board IF the board is acting inappropriately. But that is a big IF in most cases.
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Old 06-01-2013, 09:12 AM
 
2,818 posts, read 3,333,777 times
Reputation: 3015
Quote:
Originally Posted by SAAggiemom View Post
You continually accuse this person of "bullying." Please explain what exactly she is doing.
Getting herself and like minded individuals elected is not what I consider bullying. If she is following your founding documents and CC&R's to the letter, she is doing her job.
If there are real issues if inappropriate or illegal actions go directly to the management company. If you don't get help from your property manager demand to talk to their supervisor.

Hard work (very hard work) can undo any board IF the board is acting inappropriately. But that is a big IF in most cases.
If a management company is involved:

Bwahahahaha! Bwhahahaha! Go to the management company?
Let me guess, do you work for an HOA management company?

There are few industries more corrupt than the HOA management industry. The HOA management company likely advised the "president" as to how to accomplish all of this and aids and assists her in doing so. As long as the president is in charge, the management company is certain to have ongoing business preying upon the property owners burdened by the HOA.

You did not contract with the management company, the HOA did through its board. You were never a client. The "client" effectively works out to be the board president and her minions, not the HOA corporation and certainly not the rest of the involuntary members.

The management company is almost certainly a member of "Community Associations Institute" (CAI) - an organization that has lobbied for decades AGAINST homeowners while falsely claiming to represent them.

CAI member management companies used YOUR assessment monies to lobby against you at the Texas legislature. CAI OPPOSES: open records, open meetings, right to vote, elections, disclosure, caps on assessments, and the applicability of the fair debt collection act to the practices of HOA management companies. CAI SUPPORTS: foreclosure power for HOAs (for management company benefit), the priority of payment scam (misapplying payments and using the threat of foreclosure by the HOA to extort windfall junk fees for vendors), monopolies on video services, unlimited assessments, "transfer fees (payable to CAI management companies)", fees, fees, fees, etc.

The only reason to communicate with the management company is so that you can name them as a co-defendant in the inevitable lawsuit. However, you probably needn't worry about establishing knowledge or intent to name the management company since the management company would have been involved with the proxies and counting votes.

Take it to the local news. Put up a web page. Anyone that tells you otherwise under the pretext of "property values" should be ignored. You are already being harmed.

If you are forced to file suit - do not use an attorney that is a member of CAI. Their goal is promoting the power of HOA corporations over the involuntary members to benefit the vendors. Try instead someone who has successfully dealt with several unscrupulous boards and HOA vendors in the San Antonio area - like Peter Kilpatrick (the attorney for the homeowners against the board in the video above).
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Old 06-01-2013, 11:22 AM
 
Location: Stone Oak
487 posts, read 978,525 times
Reputation: 329
No. I do not work for a HOA management company. I never have and since that is my my area of expertise, I never will.
But unlike you, (evidently) I have had success in working through the management company.
I merely asked what the "bully" was doing other than getting elected herself and like minded prople elected.

I'm sure Mr. Kilpatric will take on any case that has merit. But to file suit you have to have substantial evidence of wrongdoing.
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Old 06-02-2013, 05:06 PM
 
852 posts, read 925,064 times
Reputation: 1004
Quote:
Originally Posted by IC_deLight View Post
If a management company is involved:

Bwahahahaha! Bwhahahaha! Go to the management company?
Let me guess, do you work for an HOA management company?

There are few industries more corrupt than the HOA management industry. The HOA management company likely advised the "president" as to how to accomplish all of this and aids and assists her in doing so. As long as the president is in charge, the management company is certain to have ongoing business preying upon the property owners burdened by the HOA.

You did not contract with the management company, the HOA did through its board. You were never a client. The "client" effectively works out to be the board president and her minions, not the HOA corporation and certainly not the rest of the involuntary members.

The management company is almost certainly a member of "Community Associations Institute" (CAI) - an organization that has lobbied for decades AGAINST homeowners while falsely claiming to represent them.

CAI member management companies used YOUR assessment monies to lobby against you at the Texas legislature. CAI OPPOSES: open records, open meetings, right to vote, elections, disclosure, caps on assessments, and the applicability of the fair debt collection act to the practices of HOA management companies. CAI SUPPORTS: foreclosure power for HOAs (for management company benefit), the priority of payment scam (misapplying payments and using the threat of foreclosure by the HOA to extort windfall junk fees for vendors), monopolies on video services, unlimited assessments, "transfer fees (payable to CAI management companies)", fees, fees, fees, etc.

The only reason to communicate with the management company is so that you can name them as a co-defendant in the inevitable lawsuit. However, you probably needn't worry about establishing knowledge or intent to name the management company since the management company would have been involved with the proxies and counting votes.

Take it to the local news. Put up a web page. Anyone that tells you otherwise under the pretext of "property values" should be ignored. You are already being harmed.

If you are forced to file suit - do not use an attorney that is a member of CAI. Their goal is promoting the power of HOA corporations over the involuntary members to benefit the vendors. Try instead someone who has successfully dealt with several unscrupulous boards and HOA vendors in the San Antonio area - like Peter Kilpatrick (the attorney for the homeowners against the board in the video above).
I don't understand why you troll CD looking for reasons to bash HOA's. You've been doing this for years. You keep using the term "involuntary members" when that is far from accurate. No one holds a gun to your head and forces you to move into a community with an HOA, it's your choice to do so or not. It is your responsibility to read the fine print, do your due diligence and research the rules and the HOA before you decide to buy. I'm not saying there aren't out of control HOA's because there are but not all HOA's are bad and there are many who work hard to do the right thing because the board is many times made up of homeowners from the neighborhood who truly do care.

I personally have been a very active member of three different HOA's over the past 20+ years so I know what I'm talking about. Sure, you get over zealous board members from time to time but they usually don't last long before getting booted off. Folks have to take responsibility to do their research before buying
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Old 06-02-2013, 05:19 PM
 
500 posts, read 796,784 times
Reputation: 397
Personally, I believe that HOA's are a necessary (evil?) in this age and time. With more and more "Home Owners" not assuring their property is maintained, and with less and less city services (code compliance enforcement) happening, what guarantee do you have that the nice home in a nice neighborhood you close on today will be so in say 15-20 years.

There needs to be some assurance that my property is safe (or that there is at least an appearance that it's safe) from decline before I invest a dime in it.

I would do the research and due diligence on that HOA prior to closing though. Just as I would with any aspect of the purchase.
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Old 06-03-2013, 07:15 AM
 
Location: San Antonio-Westover Hills
6,878 posts, read 18,177,429 times
Reputation: 5152
Quote:
Originally Posted by dpantle View Post
Personally, I believe that HOA's are a necessary (evil?) in this age and time. With more and more "Home Owners" not assuring their property is maintained, and with less and less city services (code compliance enforcement) happening, what guarantee do you have that the nice home in a nice neighborhood you close on today will be so in say 15-20 years.

There needs to be some assurance that my property is safe (or that there is at least an appearance that it's safe) from decline before I invest a dime in it.

I would do the research and due diligence on that HOA prior to closing though. Just as I would with any aspect of the purchase.
Yep. Just one drive through a neighboring subdivision with no HOA or CA to speak of--well, that was enough for me. Tara off of Richland Hills is a total DUMP. Even in my neighborhood, which has a fairly strong HOA, they still can't do everything I wish they could...for two years now our neighbor's yard up the street looks like crap, his fence is starting to come apart and all they can do is fine him. HOA foreclosure is apparently very expensive and hard to do...but one house in 149 is better than every OTHER house!
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Old 06-04-2013, 01:44 AM
 
2,818 posts, read 3,333,777 times
Reputation: 3015
Quote:
Originally Posted by CRenaud View Post
I don't understand why you troll CD looking for reasons to bash HOA's.
It's not "trolling" to rebut false positive propaganda about HOA-burdened property. Your comment is a thinly veiled ad hominem attack and is completely off-topic from the OP's inquiry.

With respect to the posting you raised issues with, it's not "trolling" to counter the proposition that anyone should go "to the management company". It's naive to believe that an HOA management company or other HOA vendors such as the HOA attorney are there to do anything other than prey upon the residents and the client HOA corporation. Not only is such a proposition useless in view of the structure of the institution and the relationship between the board, management company, and homeowner - such a proposition may end up making the homeowner far worse off. The management company is not a confidant of the homeowner and the homeowner is not the management company's client. Anyone perceived as a threat to the board's regime or the management company's gravy train (which often go hand-in-hand) is likely to find themselves the subject of threats, accusations of non-compliance, marginalized, or worse.

Quote:
You've been doing this for years.
How nice. A reader/follower - or should you be more appropriately characterized as a stalker? False positive propaganda regarding HOA-burdened property (e.g., "mini-democracies", "preserves value", "choice", "rights", "common areas" ) has been promulgated for even longer by real estate marketeers and HOA vendors and such propaganda continues to be circulated today.

Quote:
You keep using the term "involuntary members" when that is far from accurate.
"Involuntary" is absolutely accurate. "Mandatory" is a marketing euphemism for "involuntary". HOA-burdened property is frequently marketed with equivocal or misleading terminology. This is no "club". If membership was such a great thing it would not need to be involuntary. Interesting that you have no problem with "mandatory membership" yet complain about the term "involuntary membership".

Quote:
No one holds a gun to your head and forces you to move into a community with an HOA, it's your choice to do so or not.
No one forces you to breathe polluted air. You had a choice between breathing or not breathing. See how silly that argument sounds?

You should not conflate "the community" with the HOA corporation. People need housing. Your local government has been mandating that HOAs be imposed for any new subdivisions for probably at least two decades or longer. Even worse, your local government often directly imposes its own restrictions applicable only to property owners within that subdivision - effectively an illicit ordinance under the guise of a "private" restrictive covenant and "private" contract. Given that HOAs are being imposed as a result of public policy - not choice - and given that the population is expanding, your claim regarding "choice" is illusory for a significant portion of the population.

Quote:
It is your responsibility to read the fine print, do your due diligence and research the rules and the HOA before you decide to buy.
The "fine print" is meaningless given that it can be changed without your consent and to your detriment. More fundamentally, just because something is "written" does not mean that it is appropriate or enforceable.

Quote:
I'm not saying there aren't out of control HOA's because there are but not all HOA's are bad and there are many who work hard to do the right thing because the board is many times made up of homeowners from the neighborhood who truly do care.
So only 99% of the HOA corporations give that 1% "other" group a bad name, right? There is no such thing as a "good" involuntary membership HOA. Claiming there are "good" slavemasters is not a legitimate rationalization for preserving slavery as an institution.

The HOA corporation was imposed by a developer that did not live there and likely wasn't even a natural person. The HOA corporation was imposed for the benefit of the developer and local government, NOT the residents. That's also the reason membership is involuntary. The HOA corporation is a liability and control shifting device designed to disenfranchise nearly 100% of the property owners. Board members are conveniently immune from being subjected to negative action by the board they control. The HOA corporation operates for the benefit of the controlling interest of its board, period.

Quote:
I personally have been a very active member of three different HOA's over the past 20+ years so I know what I'm talking about. Sure, you get over zealous board members from time to time but they usually don't last long before getting booted off. Folks have to take responsibility to do their research before buying
If "very active" means "board member" or "part of the board clique", why am I not surprised?

Overzealous board members in each of the HOAs you were an involuntary member of? What solace is your suggestion that these bad board actors' time on the board was short-lived to homeowners that were sued, threatened, "fined", or lost their homes due to those board members or their agents? Given Texas' history of lack of voting rights for HOA-burdened property owners, the regimes you admit occur are often continued for many years and in some cases decades.

Your last argument reduces down to the faux proposition that there is a "right group of people" to be "in charge" of the regime. No such group exists.

Last edited by IC_deLight; 06-04-2013 at 02:19 AM..
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