No HOA in my Heighborhood, but One wants to Start: What to Watch Out for? (Atlanta: 2015, apartments)

[huskier]

HOA is a type of government, which is needed when a society can't govern itself using individual common sense. However the danger of this executive branch is it doesn't have checks and balances. Bylaws are hard to amend due to disinterested people and judicial power can be used only at city/county/etc. levels, where judges see bylaws as a handbook for the case brought. So essentially HOA is like a French Kingdom type of government: good king - people prosper, bad king - people suffer. And why would I take chances of allowing a bad king to take my property?

[Tweeter2010]

We purchased our townhome after the original bldr went bankrupt and the original hoa was being sued by 2 of the original townhome owners. There are 6 townhomescwith 4 new owners. We were instructed to start a new hoa and rename it. Problem is 3 of these owners made their own rules and bylaws even giving special and extended parking to only specific homes made themselves prescvice pres secretary majority vote of course. They have even given common ground for special sole use to other units. We are the only unit that gets parking tickets and have threatened to tow our cars yet their cars have been parked in those same spaces. 3 owners havecrun this since the beginning 3 yrs ago. My husband and i are being singled out because we had the audacity to ask the Self appointed President of this HOA to remive hus outdoor toilet from in front of our home. Even the city ordinance said he shud not have left that out thete while hecwas having his basement finished. It smelled and was an eyesore. It was right out our front door. One of the others allows his dog loose at all times to relievexitself wherevet and charge at other neighbors. Its getting so bad we dont know what recourse we have.

[demonta4]

Originally Posted by Tweeter2010

We purchased our townhome after the original bldr went bankrupt and the original hoa was being sued by 2 of the original townhome owners. There are 6 townhomescwith 4 new owners. We were instructed to start a new hoa and rename it. Problem is 3 of these owners made their own rules and bylaws even giving special and extended parking to only specific homes made themselves prescvice pres secretary majority vote of course. They have even given common ground for special sole use to other units. We are the only unit that gets parking tickets and have threatened to tow our cars yet their cars have been parked in those same spaces. 3 owners havecrun this since the beginning 3 yrs ago. My husband and i are being singled out because we had the audacity to ask the Self appointed President of this HOA to remive hus outdoor toilet from in front of our home. Even the city ordinance said he shud not have left that out thete while hecwas having his basement finished. It smelled and was an eyesore. It was right out our front door. One of the others allows his dog loose at all times to relievexitself wherevet and charge at other neighbors. Its getting so bad we dont know what recourse we have.

Why don't you just sue the current hoa. You can also call the police to take care of that toilet in front of your door.

[LovelySummer]

This.

I have been surprised at what neighbors wanted to do with their yards (parking cars between houses on the grass), painting doors bright, weird colors that don't match the scheme of the community. HOAs can protect against these types of crazy things.

Originally Posted by AnsleyPark

HOAs can certainly serve good. In my hood, they maintain the community swimming pool and tennis courts. They manage private security patrols and insure that the local streets are well maintained. Yes, they do go overboard with building codes and what you can and cannot do with your yard. And, yes, some of the folks on the HOA board are there to "impose their will." But, all in all, I think it preserves the attractiveness and amenities of the neighborhood.

[LovelySummer]

Where are you getting this stuff?

I sat on the board of an HOA and have never seen anything about a perpetual lien (that does not even exist).
HOAs can fine you for breaking the rules and take you to court to collect on the fines. They are not going to do this lightly bc the attorney fees are too significant to take someone to court over a 50 dollar fine or even a 100 dollar fine. If you do not pay your fine and they have to take you to court to get paid, just like anyone else that has to haul you into court, the HOA is going to ask for attorney's fees to be granted to them. Otherwise, bad actors just keep being bad bc the HOA won't have the money to do anything about it bc they would not be able to handle the attorney's fees.

Good grief. What did you do?

Originally Posted by IC_deLight

What things have you not experienced?

Have you been an "owner" of property burdened by an involuntary membership HOA corporation? The marketing folks like to euphemistically call them "mandatory associations". Involuntary membership is imposed by restrictive covenant.

If you have, then the restrictive covenants that imposed involuntary membership likely also granted the HOA corporation a perpetual lien against your property that could never be paid off. This isn't unique to some area of the country.

The perpetual lien gives the HOA corporation the ability to foreclose on the property. It goes downhill from there. The vendors latch onto involuntary membership, perpetual liens, and foreclosure powers. They will entangle their junk fees and "fines" with assessments in order to extort the homeowners using the HOA's foreclosure power.

Involuntary membership and perpetual liens also means that whatever debt the HOA corp board racks up - is your responsibility and your house is security for the debt they racked up.

It continues going downhill from there.

Where do you want to start?

[peet111]

Sorry to bump this post but someone in my sub just put out an unsigned flyer that they have been discussing HOA with a realtor and there is a meeting on it in a couple weeks in a park not even in our sub. The thing is, the previous HOA dissolved sometime when the builder went bankrupt 4 years ago and there are no common areas except a little lawn near the front, very little. So no amenities to speak of. I'm concerned that this is actually the builder trying to get money out of people for nothing. There was claim that it helped keep the street lights on?

So my question is: how does one oppose HOA action or even find out who is starting this besides going to the meeting? And then, how do they prove who they are or where they live? I am more concerned about being scammed but some absentee owner, who is just collecting a check. Furthermore, how do I find out what county rules are on the books regarding HOA creation?

[Cynde Marie]

I live in a sub division that does not have a HOA. A couple of people want to start one up. We were told that if the lake at the end of the sub division overflows or if a kid drowns in the lake then all of the homeowners are responsible for fixing the homes that were damaged by the overflow. Also anyone that drowns in the lake. Is this all true? I purchased my home 3 years ago and the HOA that was here was dissolved a year before I purchased my home. Keep in mind that the people who want to start up another HOA all have yards facing the lake.

[IC_deLight]

Originally Posted by LovelySummer

Where are you getting this stuff?

I sat on the board of an HOA and have never seen anything about a perpetual lien (that does not even exist).

You obviously have no idea what an HOA corporation is or the lien the restrictive covenants impose on your property. Unlike a car or house mortgage, the HOA lien can never be paid off - it is perpetual. You can bring it "current" but no amount of money releases the lien. You will be paying forever or lose your house unless the restrictive covenant is eliminated.

Originally Posted by LovelySummer

HOAs can fine you for breaking the rules and take you to court to collect on the fines.

A private corporation fining people. That doesn't make much sense, does it? It's not a government.

Originally Posted by LovelySummer

They are not going to do this lightly bc the attorney fees are too significant to take someone to court over a 50 dollar fine or even a 100 dollar fine.

"They" is an "it" - the HOA corporation. A "fine" is a trumped up debt. The management company, board, and HOA attorney could care less what court costs. The management company and HOA attorney get paid and are often in control of the process. The board members aren't personally on the hook for any of these moneys and they've often delegated responsibility (inappropriately) to the management company and HOA attorney.

Originally Posted by LovelySummer

If you do not pay your fine and they have to take you to court to get paid, just like anyone else that has to haul you into court, the HOA is going to ask for attorney's fees to be granted to them. Otherwise, bad actors just keep being bad bc the HOA won't have the money to do anything about it bc they would not be able to handle the attorney's fees.

Well if the HOA corporation violates restrictive covenants then shouldn't each homeowner be entitled to make up an arbitrary amount and declare that the HOA corporation owes that money as a "fine"? If it is about contract law then fines aren't legit. HOAs aren't governments so they don't inherently have any power to "fine" to begin with. This "fining" nonsense was started by a debt collection industry which seeks to entangle "fines" with "assessments" and junk fees in order to extort money for the management company and HOA attorney under threat of foreclosure. I'm confident in time that fining will be challenged in every state. There are already states that have considered the issue and declared HOA fining to be unconstitutional - because they are not governments. Feel free to pay your "fine" although as a board member you expect to be on the demanding end rather than the receiving end, don't you? I'm sure you have never declared yourself to be in violation of anything.

You seem like the type that relies on advice from an HOA management company. I suspect you have no idea how much money they are taking from the organization and the individual property owners off the books of the HOA corporation. By the way, who keeps the books? The management company?

Originally Posted by LovelySummer

Good grief. What did you do?

Insist upon peaceful enjoyment of property.

[IC_deLight]

Originally Posted by Cynde Marie

I live in a sub division that does not have a HOA. A couple of people want to start one up. We were told that if the lake at the end of the sub division overflows or if a kid drowns in the lake then all of the homeowners are responsible for fixing the homes that were damaged by the overflow. Also anyone that drowns in the lake. Is this all true? I purchased my home 3 years ago and the HOA that was here was dissolved a year before I purchased my home. Keep in mind that the people who want to start up another HOA all have yards facing the lake.

Have you noticed that the people trying to impose or prop up HOAs always use scare factors?
That should be your first clue that they've got nothing better.

First, the liability issue just doesn't make sense. Who "owns" the lake?
Second, those who are concerned about such possibilities can spend their own money purchasing an insurance policy - it will always be less expensive than purchasing insurance for an HOA and paying for operating costs plus all the embezzlement, fraud, etc. that always accompanies them.

[Cynde Marie]

Thank you for your quick response. No one that wants to start up the new HOA knows who owns the lake. My neighbors (who do not want another HOA) informed me that they believe Lawrenceville or the county owns the lake.