How to fight Homeowners Association (sales, houses, landscaping)

[KevK]

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.

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 If you don't want to pay the fee, fine but let's see what your home is worth when the common areas are no longer maintained, the signage at the entrance is in shambles and overgrown with weeds.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.

[KevK]

Originally Posted by rvbrad

How different of a color is it?

If it isn't offensive, just paint the trim and then see what they do.

I built a house in a community with a FIERCE HOA several years back. Nice homes, but ridiculously cheap, matching mailboxes. The entire community agreed that the mailboxes were junk but the developer lived in the neighborhood and sat on the board. He eliminated the chance of seeing a change of mailboxes or letting residents change out independently. I essentially said "screw it" and replaced mine. The HOA sent me a letter asking me to change it back, but I didn't. After a period of maybe 30 days many residents changed their mailboxes as well. The community pretty much did what they wanted in this respect since we all agreed it was an improvement to the neighborhood.

OK when people start putting up those big plastic ugly mailboxes, don't complain.

[KevK]

Originally Posted by jwk1

Sounds like a new subdivision. Ah, the joys...

Call the closing attorney you used and demand a copy of the covenants - they should have provided them at closing.

Our HOA requires that the buyer read and understand all the rules and a copy of their signature that they do understand them is kept by our management company.

[rcsteiner]

Originally Posted by KevK

Our HOA requires that the buyer read and understand all the rules and a copy of their signature that they do understand them is kept by our management company.

I think that was true for us as well.

I *do* know that a copy of the covenants was present at the house that we purchased for reading when we did our initial walkthrough, and we received our own copy at closing.

Our HOA was very up-front about everything; if it had been any different, that would have raised red flags with me.

[That_guy]

Wow.

I would NEVER live somewhere that controlled what I did with my own home that I work hard for.

[KevK]

Originally Posted by That_guy

Wow.

I would NEVER live somewhere that controlled what I did with my own home that I work hard for.

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.

[samiwas1]

Originally Posted by That_guy

Wow.

I would NEVER live somewhere that controlled what I did with my own home that I work hard for.

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.

[JWK]

Originally Posted by bobo1001

I purchase a foreclose home with hoa. The home has a fence around it for two or more years before I purchase this home and now the hoa is trying to get me to take it down at my cost and stated that I requested for the fence and was denied. I never requested anything from the hao because the fince was up already.

You should be off the hook. A couple things to note: One, it happened too long ago for them to bring this up now. Two - Demand to see both the original request, and a copy of the denial letter sent to the previous owner. My bet is they don't have it. If they can't prove they denied it, and the fence has been there that long, they're probably out of luck. The burden should be on them.

Note that most covenants have a time limitation on ARC requests - on ours, if the ARC doesn't act within two months on a formal request, it's automatically approved. Especially if they can't find the paperwork I specified above, and the fence has been there two years, you should be fine.

If they press the issue, get an attorney to look at it and write a nasty letter.

[Kul-Stan]

My HOA, started a administravite fee for late payment in 2007. This is three years after I purcahsed the home and a new HOA. They already charge late fees and legal fees for late payment. I moved out of the development and had the house ont he market for 3 and half years. The HOA fees didn't get paid during this time. They put a lien on the property. I paid the late fees, annual fees and legal fees and now they are trying to hit me with another $ 600.00 before they remove the lien. They never notified me of this policy change, they never voted on it and I think it is not legal. Any advise out there? They claim that they can change that administrative fee at any time to any price whenever they choose. This just doesn't seem right. The policy changed from when I purchased the home, the HOA changed, they never sent me any documentation of acknowledgement.

[Jabberwalk]

You have to ignore some of these people. They tend to voice their opinions rather than criticize you and answer your question. In most cases, board members are not protected by Misfeasense and Malfeasense. Misfeasence - Performing a legal action in an improper way. This term is frequently used when a professional or public official does his job in a way that is not technically illegal, but is nevertheless mistaken or wrong. Here are some examples of misfeasance in a professional context: a lawyer who is mistaken about a deadline and files an important legal document too late, an accountant who makes unintentional errors on a client's tax return or a doctor who writes a prescription and accidentally includes the wrong dosage. Malfeasence - intentionally doing something either legally or morally wrong which one had no right to do. It always involves dishonesty, illegality, or knowingly exceeding authority for improper reasons. Because HOA are volunteers and do not normally have time to do things or slip up they do one or the other all the time. Sounds like Malfeasence in your case but get a lawyer to verify that. If they are going to hold you to strict rules then hold them to follow every bit of their obligations. Sue them and they will learn their lesson. Complain to your neighbors of sleepless nights and take some time off work and tell it to your neighbors then sue them for emotional distress when you sue them for misfeasence. That way you hit them in the pocket or make them settle by stepping down from the board for a period of time like 5 years. They'll think twice the next time.