How to fight Homeowners Association (Lyons: short sale, condos, how much)

[Windu]

Umm, this thread,
has been dead.
Please let it RIP.

[gentlearts]

How many people are on your HOA board?
I hope to move south soon, and the thought of living in a neighborhood with an HOA really scares me. The neighborhood we like has its bylaws online. The thing that reassures me somewhat is that there are 5 people on the architectural board, so its not just one or two people making decisions. If 5 people agree that a paint color is ugly, then maybe it really is.

[BobKovacs]

Originally Posted by gentlearts

How many people are on your HOA board?
I hope to move south soon, and the thought of living in a neighborhood with an HOA really scares me. The neighborhood we like has its bylaws online. The thing that reassures me somewhat is that there are 5 people on the architectural board, so its not just one or two people making decisions. If 5 people agree that a paint color is ugly, then maybe it really is.

Actually, only 3 people would have to think it's ugly- they usually require a majority vote, not a unanimous vote, to approve/disapprove an agenda item.

[MisterNY]

Originally Posted by Jay1973

To abolish an HOA you generally need unanimous consent of all the homeowners. This is very unlikely. You generally have an elite minority within the HOA that run for office and want to keep their power. My idea though is to gather a majority of homeowners together and at the next meeting vote to take away fees or make them $0. Then systematically strip the HOA of any other powers it may have. Including all of the fascist rules regarding house colors, pets, etc. Take them down to simply an HOA on paper with no power. I am thinking about doing this with my HOA. It seems that most people I know hate their HOAs so it seems theoretically possible.

Senseless. You should have moved to an area without an HOA to begin with.

Originally Posted by BobKovacs

Brilliant- and when they say "OK, go ahead and sell for whatever you'd like", then what? Other than looking like an idiot in front of the neighbors, what was accomplished?

...He clearly knows it would be senseless.

Originally Posted by Herr_Brush

Honestly, is dark trim on your house that important? If you have this kind of energy to expend, surely you could put it to better use. Fight injustice, or poverty, or illiteracy, rather than the Battle for Dark Trim Paint.

Ditto. Good point.

Originally Posted by KevK

There is nothing "elite" about serving on an HOA board. It is the most thankless job you will ever do. Been there and done that. If you don't want to pay the fee, fine but let's see what your home is worth when the common areas are no longer maintained, the signage at the entrance is in shambles and overgrown with weeds. The potential buyers will be really impressed when they see the swimming pool chained shut and the tennis and basketball courts overgrown with weeds and litter and the clubhouse falling down!
I agree that SOME HOAs can be real asses but most of them exist to protect your property and home from the FEW that simply think that they can do what they want and, if it negatively affects you, too bad.
Often people get upset because you sent them a letter about something. Not even a fine but just a letter telling them that they have violation that they need to correct (the most common are loose dogs or dogs not cleaned up after, basketball hoops left up overnight and cars parked in driveways overnight.
These are "minor" violations but if left uncorrected, major violations such as cars parked on grass and uncut lawns will certainly follow. There is a reason why people CHOOSE to live in HOA communities. And it is a choice. I can drive you around here and show you some areas that don't have HOAs but I do not think you would want to live in them.

Great point.

Originally Posted by KevK

And really you shouldn't. But there are those of us who do like that kind of control of the community in which we live. You work hard for your home but your neighbours work as hard for theirs too. One bad neighbour can wreck a whole block.

Another great point. I think they are valuable. I was 50/50 about them initially. But seeing as some people can get lazy, complacent, and careless, I think they're much needed.

Originally Posted by samiwas1

The reason I chose such a thing is that my HOA covers all outside maintenance of the home (townhome), all landscaping, security, pest control, and of course the normal common area stuff (street lights, pool, etc). For someone who travels a lot for work and can be gone for a month or more at a time, this is very helpful.

I always thought that I could never live in an HOA-controlled community, for the reasons you said. But now I know that I will never live by that person who paints their house pepto-pink, plants a jungle safari in their front yard, and runs a dog-breeding program out of their back yard.

Try bright Life Saver green or Barney Purple . Some people have absolutely no taste (either that or color blind), and need an authority on what to do to keep their houses an neighborhoods looking good. Sad as it may be, they are a great benefit most of the time.

[cgarcia1969]

I have a boat and I bring it home to load the boat to go camping, cleaning and winterizing things like that. I do not keep the boat at my house but they send me a letter everytime I bring it home. How am I suppose to pack to go camping if I am not allowed to bring it to my house??? What do I do???

[cgarcia1969]

I have a boat and I bring it home to load the boat to go camping, cleaning and winterizing things like that. I do not keep the boat at my house but they send me a letter everytime I bring it home. How am I suppose to pack to go camping if I am not allowed to bring it to my house??? What do I do???

[Ann Harris]

I have repeatedly told my HOA that my very steep hill upper part of my backyard is in the process of being landscaped, but the processes will take years to develop. but they are rushing for trees to mature, weeds to completely dissappear/ and for me to pluck weeds that are killed by weed killers after there are dead. Most residents feel that my 90ft wide & 89 high (a challenge to manage) is not a violation. The county, then superintendant & sales agent, explained the hill would remain (no leveling) and to leave it as is due to erosion prevention, etc. On 2 occasions, I hired a landscaping professional to reduce the hill so that I could preceed with my theme (planted 60+ Leyland Cypress trees, etc. whereas who they mature, they would cover the hill and give dense green look all year around. Also, an excellent erosion preventer. I also built a 3ft retainer wall from end to end of the hill and planted 2 aborvitae trees (each side of the retainer wall) as an entry way into the hill. Long story short, the Landscaping Bd Members cites me every 3 wks for small weeds in the hill. I am having to explain the several stages that I am undetaking. There is no remedy to having a totally weed free lawn, especially on a hill too steep to walk upon. The front/level backyard is beautiful and and I am complimented always for it. My 3rd and final citation will start the demand process and fines. What are my options to alleviate this constant harassment? I have detailed to the management company every process, but the final so say to stop the citation is the Landscaping Bd. Member. Only three sits on the bd. I am one of them. The other bd member feels that my hill is a work in progress and is confused about why I am cited. I would like to stop the bd members further harassment. Can I sue that bd member without suing the HOA.

[Ann Harris]

Ann Harris;15312025]I have repeatedly told my HOA that my very steep hill upper part of my backyard is in the process of being landscaped, but the processes will take years to develop. but they are rushing for trees to mature, weeds to completely dissappear/ and for me to pluck weeds that are killed by weed killers after there are dead. Most residents feel that my 90ft wide & 89 high (a challenge to manage) is not a violation. The county, then superintendant & sales agent, explained the hill would remain (no leveling) and to leave it as is due to erosion prevention, etc. On 2 occasions, I hired a landscaping professional to reduce the hill so that I could preceed with my theme (planted 60+ Leyland Cypress trees, etc. whereas who they mature, they would cover the hill and give dense green look all year around. Also, an excellent erosion preventer. I also built a 3ft retainer wall from end to end of the hill and planted 2 aborvitae trees (each side of the retainer wall) as an entry way into the hill. Long story short, the Landscaping Bd Members cites me every 3 wks for small weeds in the hill. I am having to explain the several stages that I am undetaking. There is no remedy to having a totally weed free lawn, especially on a hill too steep to walk upon. The front/level backyard is beautiful and and I am complimented always for it. My 3rd and final citation will start the demand process and fines. What are my options to alleviate this constant harassment? I have detailed to the management company every process, but the final so say to stop the citation is the Landscaping Bd. Member. Only three sits on the bd. I am one of them. The other bd member feels that my hill is a work in progress and is confused about why I am cited. I would like to stop the bd members further harassment. Can I sue that bd member without suing the HOA.[/quote]

[flyonpa]

If its a board of three and you are one of the three, I would put it up to a vote on imposing the fine. You dont vote due to conflict of intrest, your other board member votes to fine you, other one votes to not, then it fails do to a tie. You can sue the HOA and name (all the board members) as officers (including yourself). If the HOA loses then the board members Officers Libility policy (you do have one right). and the HOA insurence policy pays. Any over policy amount can will be worked into the HOA budget/special assement.

[a|ex]

Originally Posted by cgarcia1969

I have a boat and I bring it home to load the boat to go camping, cleaning and winterizing things like that. I do not keep the boat at my house but they send me a letter everytime I bring it home. How am I suppose to pack to go camping if I am not allowed to bring it to my house??? What do I do???

don't unhitch the boat trailer while servicing it.

-a|ex