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The problem in that case is that the HOA was too cowardly to make a special exception. They took the easy way out and then blamed the covenant. They may look bad for doing what they did, but they don't have to feel bad, because all they did was follow the rules. It's much easier to do that than make the exception and answer questions or justify themselves to the other homeowners later.
The reason people don't like HOAs is because they are generally people with partly real, partly imagined power that can tell you what to do with your own property. In spirit it's contrary to what we are taught about our country, being a grown up, etc. Think you are an adult who can do what you want in a country with so many freedoms? Wrong, you can't build a shed. But you can move away, or not live there in the first place. It's up to you. But hopefully you can find a nice neighborhood in your price range where average citizens don't have the power to decide what you can do with your private property. I think if more HOAs were effective at taking care of actual problems instead of creating and/or enforcing pointless restrictions they'd be liked more.
And I'm all for the developer owning the HOA (if they do it right) until it can be passed to the homeowners. This helps the developer sell more houses and prevents an early power grab by homeowners who'd like to set up a favorable regime.
Not saying you are wrong either, tech. But what if their kid didn't have CP when they moved in, or he was born after? Their needs may have changed, and if I were a parent I'd like to think the well-being of my kid is more important than a rule that is, ultimately, quite arbitrary.
They did ask, were told in that circumstance that it would be acceptable, then started to fine them saying that it was never approved. There's a lot more to the story .. the was just the first link that (mostly) gave the run-down of the story. Either way apparently the minutes to the meeting weren't recorded properly or at all, not sure which, so there was no record of the approval.
All I know is that I'll never live under an HOA lol So not worth it to me.
Edited to add: What do I know, though? I wasn't there so there's no way of knowing that's exactly what happened. That was 3rd hand information from a friend who knows the family. If that is the true story, that's why I think it was horrible. Because, in that case, it would be. Otherwise, I do completely agree that they should have complied to HOA regulations.
Last edited by emalineky; 08-28-2012 at 06:42 PM..
apparently the minutes to the meeting weren't recorded properly or at all, not sure which, so there was no record of the approval.
Minutes don't count. They get misrecorded. They get lost. They get lots of things.
If it were me, and I know I sound like a real jerk right now and I'm really not trying to, I'd have had the president or vice president sign a waiver. That way, I'd have a copy and when the HOA comes to me and says I have to pay $50 a day for having the structure I throw the waiver in their face and say no I don't, get off my land.
Rule #1 of breaking the rules the right way is get your permission in writing.
If the HOA is controlled by the developer and none of the homeowners are actual members is it really an HOA? I mean a homeowners association is by definition an association of homeowners. Unless the developer lives in the neighborhood...
Anyway, that's beside the point.
If the money is collected for a specific list of things and those things are not being done, I'd gather up the other homeowners and take the developer to court.
Best case: you get your HOA money back and the "HOA" is disbanded and you can form your own.
Worst case: the developer wins and you and your neighbors all owe a bunch of legal fees.
Probable outcome: developer sees a lawyer coming and does the bare minimum he has to to keep himself out of trouble leaving you on the hook for the legal bills.
As for the dues, If you were late you owe a late fee. How much is in question. Ask to see a fee schedule with a date stamp on it. Not sure if they will have one, but, my employer always has a "last edited" date on all documents they release.
Agreed - I realize we were late and agree to pay some fees, but the charges we are being given are ridiculous. If there was a set fee schedule that we agreed to, I could understand. However, there isn't.
Honestly, I get why the developer is allowed to govern the bylaws and such while the neighborhood is being built. Our problem as a community is that we were lied to about our amenity center being built and where our funds are being allocated. There is simply nothing being done in our neighborhood to warrant the amounts we are paying. Residents of the neighborhood are willing to put up with the mishandling of our HOA dues, but then you sue people for late fees? That screams money-maker to me.
The voice of the majority that show up you mean, if 10 people show up to a meeting in a neighborhood with 50 homes it only takes 6 votes instead of the 26 it would to pass if everyone showed up...
The problem lies in that he only ones that usually show up are the power hungry knowitalls that want to control every aspect of other peoples lives and property....
This is why I will never live in a neighborhood with an HOA ever again....
I was just about to reply the exact same thing.
HOAs aren't run by the majority of homeowners ... HOA's are run by the handful of people so hell-bent on having their way that they go to these meetings and impose THEIR ideas on the entire community.
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