this is why I can't live in an HOA (Naples: HOA fees, condo)

[imagardener]

In todays paper about Lakewood Ranch
Lyons: Buyer beware — That HOA could be a source of remorse | HeraldTribune.com

There are always 2 sides to the story but the fact that this even happened is so wrong. Petty tyrants in charge.

When we lived in a Naples HOA fining was not our issue, instead the board (that I was voted onto) was spending money on vanity items (40k for a new tennis court when there were already 20 on site but the new one was next to the Pres. condo). In addition our neighborhood board wanted to change our by-laws to give themselves more power and went door to door harassing senior citizens to sign the document.

Mt husband used to say "I think the gates are keeping the crazies in instead of keeping the bad ones out".

[CindyRoos]

Originally Posted by imagardener

In todays paper about Lakewood Ranch
Lyons: Buyer beware — That HOA could be a source of remorse | HeraldTribune.com

There are always 2 sides to the story but the fact that this even happened is so wrong. Petty tyrants in charge.

When we lived in a Naples HOA fining was not our issue, instead the board (that I was voted onto) was spending money on vanity items (40k for a new tennis court when there were already 20 on site but the new one was next to the Pres. condo). In addition our neighborhood board wanted to change our by-laws to give themselves more power and went door to door harassing senior citizens to sign the document.

Mt husband used to say "I think the gates are keeping the crazies in instead of keeping the bad ones out".

OMG, I read that article and was shocked----that is soooooooo ridiculous. That is why I am afraid of moving into an HOA when we move to Florida as well. It seems most places we are looking at have HOA fees and/or deed retrictions. UGH
It seems that these people in charge of the HOA's think they are God or something. Unreal.........

[Glenn Ross]

I can't speak for FLorida, but in Texas you have the right to receive the HOA docs and review them. You may back out of the contract if you are not satisfied and retain your earnest money. My suggestions are, always review the HOA documents. Next, early on, perhaps while still in the option period, go meet your potential neighbors. Ask them about their experiences with the HOA and how they like the neighborhood. Use that information to determine whether that's the right place for you to live.

[imagardener]

It is very hard to find a non-HOA home that is relatively new and not in need of major renovation. It took us many months of looking in various places in SW Florida to find our home. We now get to spend our free time boating and other enjoyable activities instead of stressing about what fresh hell the HOA board was proposing and which homeowner they are harassing this month.

We are willing to cut our own lawn and hire people to do other maintenance and it still costs less in money and aggravation than our former HOA home (which was beautifully renovated by us). Peace of mind is worth a lot.

[imagardener]

Originally Posted by Glenn Ross

I can't speak for FLorida, but in Texas you have the right to receive the HOA docs and review them. You may back out of the contract if you are not satisfied and retain your earnest money. My suggestions are, always review the HOA documents. Next, early on, perhaps while still in the option period, go meet your potential neighbors. Ask them about their experiences with the HOA and how they like the neighborhood. Use that information to determine whether that's the right place for you to live.

We are experienced home buyers/owners. Yes we reviewed all our HOA documents before buying. We were completely familiar with the community having rented then owned there for 10 years. None of this prevents an elected HOA board from going off the rails at a future time, i.e. excessive fining.

[CindyRoos]

Originally Posted by imagardener

It is very hard to find a non-HOA home that is relatively new and not in need of major renovation. It took us many months of looking in various places in SW Florida to find our home. We now get to spend our free time boating and other enjoyable activities instead of stressing about what fresh hell the HOA board was proposing and which homeowner they are harassing this month.

We are willing to cut our own lawn and hire people to do other maintenance and it still costs less in money and aggravation than our former HOA home (which was beautifully renovated by us). Peace of mind is worth a lot.

Awesome!!
So where did you finally find a home then?

[bbronston]

I agree that the actual implementation of the fine, while technically proper, was an example of badly applied fining policy. However, for those who walk away from this "cautionary tale" with the conclusion that "HOA=bad", they are completely missing the point. The point here is that you are expected, in every aspect of life, to live within the rules/laws. For laws, you are required to follow them by virtue of being present in the jurisdiction. For community rules, you choose to live by them by virtue of your selection of your property. In both cases, penalties are the means by which rules are enforced. It's not rocket science, it's pretty simple.

Even more simple is this...if you are notified that you have violated a rule, you deal with it immediately. You don't put it off because it is not a convenient time for you or you disagree with the notice. You deal with it by correcting it or by contacting the people responsible AND making certain that they are aware of your position.

This woman appears to have been cavalier in her approach. That was her error. The problem, as I see it, is the mindless application of the fine. She was wrong but they could have and should have handled it better. That doesn't make them wrong. It just makes them overly zealous, misguided, bureaucrats who need to be more mindful of the real goal of their rules.

[chiluvr1228]

Wow! That is unbelievable that an HOA is allowed to do what they are attempting. I sometimes wonder if the people on these HOA boards have never had any kind of power in their lives and they go a little nuts with it.

[CindyRoos]

Originally Posted by chiluvr1228

Wow! That is unbelievable that an HOA is allowed to do what they are attempting. I sometimes wonder if the people on these HOA boards have never had any kind of power in their lives and they go a little nuts with it.

and if this "decoration" was there from the previous owners, why wasn't it addressed then or as soon as she moved in? She might not have even noticed it. I think this HOA board is just a bunch of greedy creeps.
IMO they handled it all wrong. I do agree, though, that rules are rules and this new home owner probably knew about the HOA rules but they send her a letter about a decoration she didn't even put up? Ugh.
Anyway, to live in an HOA area when the owner is supposed to "OWN" the house and property but has a bunch of stupid, petty rules they could be fined for is something I would avoid. I do know that some HOA's have simple rules with fees that make sense. It does help to read the fine print and not buy into something that does not seem right.

[upgrader]

Nobody has mentioned the possible legal profit motive involved. The TV show Inside Edition did a piece on this a while ago.

This is a wmv video file so it might take a couple of minutes to download:

http://www.ccfj.net/foreclMezer.wmv

It's not just the unpaid volunteer HOA directors, but the "advice" they get from HOA lawyers that profit from these types of actions.