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Old 03-07-2011, 10:00 PM
 
48 posts, read 86,148 times
Reputation: 24

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Quote:
Originally Posted by IC_deLight View Post
CouponJack is a bit hypocritical to say the least.
Apparently it is wrong to paint with a broad brush if their is a negative comment about HOAs but okay to make unsubstantiated positive claims about HOAs? Most people in fact want nothing to do with the HOA corporation burdening the property.

The comments that CouponJack made are typical trite claims made in an effort to rationalize the ubiquitous bad acts of HOA boards and their agents. The propaganda typically attempts to blame the owner or claim that the bad conduct by the HOA board and agents are "isolated instances". In fact, they are prevalent and pervasive.

The only people that claim otherwise are real estate agents trying to sell HOA-burdened property and the Community Associations Institute - an HOA industry trade group whose most active members are HOA management companies and HOA attorneys.

You can read more about the HOA industry here:
theHOAprimer
I'm with you IC Delight!!!

Limit HOA's to manage properties and GET THEM OUT of our HOMES!! It's insane to allow HOA's any power as to number of pets in homes, what color to paint your house, types of plants, how tall you have to keep the grass and soooo much more!!

Make them stick to the maintaining the stuff they should like pools, tennis courts, etc.

I think HOA's abuse the powers given them! It is soooo evident in our little neighborhood that they long to hold to power and abuse everyone the way they do!! Their time is short at hand! Been going around to folks sharing the information of VOLUNTARY front and they are soooo relieved to know what I'm doing!!

Mr. Michaux is a MAVERICK! Sooo grateful to the ARMSTRONGS and their AWESOME work at fighting the HOA's AND the Association Management folks that go along with them!! Mr. Michaux and the ARMSTRONGS have started a wonderful thing for the little homeowner!!

It's hard to find good leadership. Folks that don't allow bias to guide their decisions. HOA's all too often are plagued with at-a- boy junk. I'll go after this person for a violation but not another because they are my friend, or family member, yada yada.. That is sooo wrong too!!

The Solution is simple for us..just stop paying the dues and they will not be able to do anything about it because of the letter Mr. Michaux sent. They will have to conform to us now and stop demanding unreasonable fees from us and trying to tie to our homes if we can't or won't pay! They have no choice left now! The front lot owner I talked to is ready and willing for us to turn the management over to him to collect voluntary funds to manage the front. It would be fun to have a yearly fund raiser for the neighborhood of a yard sale or some such thing. Don't chastise anyone for not paying their share..all the homes are different sizes and different incomes.

Money rules them..Lack of it will bring them down!
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Old 03-07-2011, 11:45 PM
 
Location: Up above the world so high!
45,218 posts, read 100,707,267 times
Reputation: 40199
To each his own

I live in a neighorbhood with an incredible HOA.

All members work hard to maintain the value and beauty of the neighborhood, and all our property values reflect that.

I feel badly for those of you who live with bad HOA's, but it is important to note, the bad ones are in the minority.
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Old 03-08-2011, 04:06 AM
 
1,661 posts, read 3,288,138 times
Reputation: 552
Quote:
Originally Posted by IC_deLight View Post
CouponJack is a bit hypocritical to say the least.
Apparently it is wrong to paint with a broad brush if their is a negative comment about HOAs but okay to make unsubstantiated positive claims about HOAs? Most people in fact want nothing to do with the HOA corporation burdening the property.

The comments that CouponJack made are typical trite claims made in an effort to rationalize the ubiquitous bad acts of HOA boards and their agents. The propaganda typically attempts to blame the owner or claim that the bad conduct by the HOA board and agents are "isolated instances". In fact, they are prevalent and pervasive.

The only people that claim otherwise are real estate agents trying to sell HOA-burdened property and the Community Associations Institute - an HOA industry trade group whose most active members are HOA management companies and HOA attorneys. ....
Sorry Luv, but you just made, as indicated by the underlining, a huge number of "unsubstantiated claims". Coming from someone who actually lives in Charlotte, knows what the NC statutes state, and has lived in and HOA, I can tell you that your claims are just that, claims.

Nobody in NC is forced into a HOA and there are plenty of neighborhoods in Charlotte without them. However, most homes sold today are within HOA neighborhoods because of the advantages they offer to the homeowner. It's easy to make all the claims that one wants on an internet forum, so I aways say the proof is in the pudding. If HOAs were such evil institutions, then people would not be buying into them in droves in Charlotte, and developers would not create them. People vote with actions.
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Old 03-08-2011, 06:32 AM
 
7,126 posts, read 11,702,805 times
Reputation: 2599
Quote:
Originally Posted by TouchingGrace View Post
I'm with you IC Delight!!!

Limit HOA's to manage properties and GET THEM OUT of our HOMES!! It's insane to allow HOA's any power as to number of pets in homes, what color to paint your house, types of plants, how tall you have to keep the grass and soooo much more!!

Make them stick to the maintaining the stuff they should like pools, tennis courts, etc.

I think HOA's abuse the powers given them! It is soooo evident in our little neighborhood that they long to hold to power and abuse everyone the way they do!! Their time is short at hand! Been going around to folks sharing the information of VOLUNTARY front and they are soooo relieved to know what I'm doing!!

Mr. Michaux is a MAVERICK! Sooo grateful to the ARMSTRONGS and their AWESOME work at fighting the HOA's AND the Association Management folks that go along with them!! Mr. Michaux and the ARMSTRONGS have started a wonderful thing for the little homeowner!!

It's hard to find good leadership. Folks that don't allow bias to guide their decisions. HOA's all too often are plagued with at-a- boy junk. I'll go after this person for a violation but not another because they are my friend, or family member, yada yada.. That is sooo wrong too!!

The Solution is simple for us..just stop paying the dues and they will not be able to do anything about it because of the letter Mr. Michaux sent. They will have to conform to us now and stop demanding unreasonable fees from us and trying to tie to our homes if we can't or won't pay! They have no choice left now! The front lot owner I talked to is ready and willing for us to turn the management over to him to collect voluntary funds to manage the front. It would be fun to have a yearly fund raiser for the neighborhood of a yard sale or some such thing. Don't chastise anyone for not paying their share..all the homes are different sizes and different incomes.

Money rules them..Lack of it will bring them down!
"The solution is simple...." not true. I haven't read each and everyone of these posts but this one strikes me as being very shortsighted in that it does not offer a way the value of your house and community is protected from anyone doing whatever they damn please. Paint the house neon green.Plant corn in the front lawn instead of grass. Park 2 1/2 ton Army trucks in the driveway. Shall I go on? You have the picture I'm sure because these things happen in all communities that don't live with the rule of law.

For a good read I recommend "A Modern Arcadia" the history of the first planned community in the U.S. This is a community that still thrives today and is strictly controlled by restrictive covenanents that has allowed a community to grow and be one of the most sought out communties in the North East.

A modern Arcadia: Frederick Law ... - Google Books
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Old 03-08-2011, 07:02 AM
 
48 posts, read 86,148 times
Reputation: 24
Quote:
Originally Posted by pink caddy View Post
"The solution is simple...." not true. I haven't read each and everyone of these posts but this one strikes me as being very shortsighted in that it does not offer a way the value of your house and community is protected from anyone doing whatever they damn please. Paint the house neon green.Plant corn in the front lawn instead of grass. Park 2 1/2 ton Army trucks in the driveway. Shall I go on? You have the picture I'm sure because these things happen in all communities that don't live with the rule of law.

For a good read I recommend "A Modern Arcadia" the history of the first planned community in the U.S. This is a community that still thrives today and is strictly controlled by restrictive covenanents that has allowed a community to grow and be one of the most sought out communties in the North East.

A modern Arcadia: Frederick Law ... - Google Books
We have city ordinances that cover much of what is written in our CC&R. You can't ADD to the CC&R but that is what they have tried to do. Rights are NOT obligations yet they charge us for them..This HOA did not go for 90% of folks voting it in. They only got 18..16 said no..But they said they are the majority and therefore have the right to tell everyone else what to do with their properties..wrong!! The CC&R just says an Aggrieved Owner can basically take their neighbor to court. But even that is limited.

Original HOA's were developed for high class society. Developers wanted "snob" appeal and thus they started building more HOA communities. Folks wanting to buy a home are limited to what they can buy.

As I've stated before, in general, so long as you are AWARE upfront what the HOA is about, then you can determine if it suits your needs or not as to buying the house. WE wanted NO amenities and No fees. We contracted for NO HOA and NO FEES..We are STILL contracted but these folks decided they were already an HOA based on language of an easement for the front that is in no way attached to our HOMES..They boo booed! The easement is conveying a RIGHT for us to all go on the property to help maintain it. It mentions later we are obligated to pay all reasonable fees..??? not listed as to what that might be.

CONTRACTUAL law is what applies here. If the language is not clear than it is invalid and unenforceable. That is our case! You can't just say "maintain and repair in the future". You have to state specifically what that entails.
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Old 03-08-2011, 08:24 AM
 
5,150 posts, read 7,762,588 times
Reputation: 1443
Quote:
Originally Posted by lovesMountains View Post
To each his own

I live in a neighorbhood with an incredible HOA.

All members work hard to maintain the value and beauty of the neighborhood, and all our property values reflect that.

I feel badly for those of you who live with bad HOA's, but it is important to note, the bad ones are in the minority.
I hope you are correct but it's hard to know a lot of times because so many things are done in relative secrecy. And it's hard for HOAs to directly harm values because of the way they use shadow holding companies to hold title in houses they foreclose. I double-checked this since my HOA has done this thanks to bad advise from the management company. The FC didn't hit the assessor's radar because it wasn't a bank sale. The harm to the HOA is to the stability of the finances.

One HOA in Charlotte uses a different kind of deed to disguise what's going on and I'd say they FCd on a few percent of their homeowners last year which is astonishing to me. Didn't affect values at all but when the tax bill comes due for all of those homes it's going to affect the HOA's bank balance.

Also, tax neighborhoods are generally larger than a subdivision and would more than one HOA. I think realmeck.com is the only place you can easily see this.

My tax neighborhood contains 6x more homes than my subdivision and my subdivision is almost 600 houses. What killed us is the other subdivisions they lumped in which included much newer starter neighborhoods that were built on greed.

It is just as likely that if you are in a large tax neighborhood that surrounding subdivisions could raise your value as it is as your HOA could.

Bottom line is the sneaky actions hurt individuals and the bank accounts more than they directly affect values.
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Old 03-08-2011, 08:33 AM
 
5,150 posts, read 7,762,588 times
Reputation: 1443
Quote:
Originally Posted by yantosh22 View Post
Sorry Luv, but you just made, as indicated by the underlining, a huge number of "unsubstantiated claims". Coming from someone who actually lives in Charlotte, knows what the NC statutes state, and has lived in and HOA, I can tell you that your claims are just that, claims.

Nobody in NC is forced into a HOA and there are plenty of neighborhoods in Charlotte without them. However, most homes sold today are within HOA neighborhoods because of the advantages they offer to the homeowner. It's easy to make all the claims that one wants on an internet forum, so I aways say the proof is in the pudding. If HOAs were such evil institutions, then people would not be buying into them in droves in Charlotte, and developers would not create them. People vote with actions.
I doubt that developers had any intention that they would create CCRs that would be overriden by HOA lawfirms through NCGS. A contract is suppose to be just that. If the contract doesn't allow fines and foreclosures to be levied by the HOA then that's what the developers intended. They didn't intend for a lobbying group to override that sometime in the future. I don't think I've seen you reply to that point as far as if you agree with that behavior.

And there might be plenty of OLD neighborhoods without HOAs but I doubt there are hardly any new ones without them. And most owners have no idea about their HOA before they move in. That doesn't immunize them for not being smart enough to read the statute and case law but most peeps had/have no idea what a PUD rider is for example.

"Chapter 47F only applies to neighborhoods that were created in 1999 or later. Thus a 15 year old neighborhood would not be covered by it."

I think that's your quote. And, I also think calling people "luv" or "dear heart" comes off as at least patronizing when used in your posts.
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Old 03-08-2011, 08:39 AM
 
5,150 posts, read 7,762,588 times
Reputation: 1443
Quote:
Originally Posted by pink caddy View Post
"The solution is simple...." not true. I haven't read each and everyone of these posts but this one strikes me as being very shortsighted in that it does not offer a way the value of your house and community is protected from anyone doing whatever they damn please. Paint the house neon green.Plant corn in the front lawn instead of grass. Park 2 1/2 ton Army trucks in the driveway. Shall I go on? You have the picture I'm sure because these things happen in all communities that don't live with the rule of law.

For a good read I recommend "A Modern Arcadia" the history of the first planned community in the U.S. This is a community that still thrives today and is strictly controlled by restrictive covenanents that has allowed a community to grow and be one of the most sought out communties in the North East.

A modern Arcadia: Frederick Law ... - Google Books
It is simple in this case. The OP doesn't live in an HOA neighborhood. A management company convinced them they could crate one retroactively and that's the main juice of this thread. The management company also stated that they would draw up free liens on houses that don't comply with the fake HOA which is where the evil accusations come in.

Like yantosh22 says, it's all up to choice. If no HOA exists and one chooses to live in that area then they should be left alone to peacefully enjoy their property without threats of fines, lines and foreclosure.

Corn and neon might work for the OP but the army tank wouldn't. There are municipal laws for that.

The biggest thing on this thread is that someone in a very small neighborhood thought it was a good idea to form a rouge private government in order to bully the neighbors.

Following the rule of law works both ways and that's all the OP is asking. She has good representation now but I swear if they fight back I'm turning this over to reporter friends of mine
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Old 03-08-2011, 08:41 AM
 
5,150 posts, read 7,762,588 times
Reputation: 1443
Quote:
Originally Posted by TouchingGrace View Post
We have city ordinances that cover much of what is written in our CC&R. You can't ADD to the CC&R but that is what they have tried to do. Rights are NOT obligations yet they charge us for them..This HOA did not go for 90% of folks voting it in. They only got 18..16 said no..But they said they are the majority and therefore have the right to tell everyone else what to do with their properties..wrong!! The CC&R just says an Aggrieved Owner can basically take their neighbor to court. But even that is limited.

Original HOA's were developed for high class society. Developers wanted "snob" appeal and thus they started building more HOA communities. Folks wanting to buy a home are limited to what they can buy.

As I've stated before, in general, so long as you are AWARE upfront what the HOA is about, then you can determine if it suits your needs or not as to buying the house. WE wanted NO amenities and No fees. We contracted for NO HOA and NO FEES..We are STILL contracted but these folks decided they were already an HOA based on language of an easement for the front that is in no way attached to our HOMES..They boo booed! The easement is conveying a RIGHT for us to all go on the property to help maintain it. It mentions later we are obligated to pay all reasonable fees..??? not listed as to what that might be.

CONTRACTUAL law is what applies here. If the language is not clear than it is invalid and unenforceable. That is our case! You can't just say "maintain and repair in the future". You have to state specifically what that entails.

I'm not sure where you get the 90% from. I don't see that in the statute and that wasn't the issue in Armstrong. Even if they had 100% I don't think they could do what they tried to do.
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Old 03-08-2011, 09:22 AM
 
Location: Up above the world so high!
45,218 posts, read 100,707,267 times
Reputation: 40199
Quote:
Originally Posted by yantosh22 View Post
Sorry Luv, but you just made, as indicated by the underlining, a huge number of "unsubstantiated claims". Coming from someone who actually lives in Charlotte, knows what the NC statutes state, and has lived in and HOA, I can tell you that your claims are just that, claims.

Nobody in NC is forced into a HOA and there are plenty of neighborhoods in Charlotte without them. However, most homes sold today are within HOA neighborhoods because of the advantages they offer to the homeowner. It's easy to make all the claims that one wants on an internet forum, so I aways say the proof is in the pudding. If HOAs were such evil institutions, then people would not be buying into them in droves in Charlotte, and developers would not create them. People vote with actions.

"you must spread some reputation around before giving it to yantosh22 again"
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