Need Help Desperately on How to Handle Nasty HOA Situation

[hooligan]

Spoiler

I know, but I was responding directly to P3anut, not the OP.

[P3anut]

Originally Posted by hooligan

Any changes to the CC&Rs for my neighborhood has to be passed by AT LEAST 70% vote of the homeowners. What are the stipulations around changing/ammending the CC&Rs for your HOA, P3anut?

The majority I think 50 +1 of the homeowners have to vote, or pass them. The lawyers say it can take up to 10 years if we keep fighting them. We can't just vote on one issue, its the whole document or nothing. These new CCR's were sold by the BOD by saying they were going to bring power back to the homeowners, instead they have done just the opposite.

[P3anut]

Originally Posted by CouponJack

There are a couple of options...1st thing I would do is speak to the HOA and let them know you are hurting financially and will try to keep up the property the best I can. If they are reasonable people (like 99% of people) they will understand....

communication is the key like w/anything..

HOA's don't care, let along communicate...its their money or nothing. the association I live has in their CCR's that if you fall behind after 30 days they can occupy your home...meaning you find another place to live, pay the mortgage and utilities, they rent out your house until they recoup their money. Imangine that one. look up the 10 things HOA's don't tell you...maybe this one should have been disclosed before moving into one.
another good website is AHRC.

[P3anut]

Originally Posted by jlwrivera

Hey Pink Caddy -

I did get great advice and I have said thank you to those people - twice.

To the people who are name calling each other and arguing about the value of HOAs, I am sorry to have brought up the subject. The preference for or against HOAs is debated in several other threads, as well as the whole "if you don't like your HOA then move" thing has been beaten to death. Not the situation here, but absolutely fine for others to discuss.

The crux of the matter:

The property management company mislead me about a fine I incurred (said I did not have to pay it). The property management company forwarded my unpaid fines to thier attorney for collection. I was in active discussions with the attorney about negotiating a payment plan, or reduction in the fine due to a financial hardship. Regardless of me trying to be proactive in resolving the issue of the fines, the attorney for the property management company began foreclosure proceedings against me instead of working with me to resolve the issue amicably.

I was asking if I have any recourse, can they do this to someone, and since the property managment clearly does not want to help me (I wonder if they even spoke to the HOA board?) what would people recommend as next steps? (other than getting an attorney as I suspect the attorney will be about as much as the fine, that I can't pay at the moment).

I am not angry and I am greatful to everyone providing feedback and sorry if I upset anyone else. I will be contacting the company to get the contacts in the neighborhood and writing letters as suggested. I will also be seeking out legal referrals should it come to that - I sincerely hope not as I have been wanting to be reasonable all along, not really sure why the Property management company is being so aggressive....If someone has additional ideas or details, please provide insights as I am at the point of trying everything!

Thanks again for all the input!

The states attorney will not help you unless you can prove the property management company and or association is doing something illegal.
If they won't work with you, the only recourse is a lawyer and a lawyer fighting an HOA will cost you dearly. Most lawyers in your area won't even take on your HOA or management company because I'm sure most work for them in one way or another, one point of advice get a lawyer outside your area that specializes in property management issue and or HOA's.
My other advice is organize a group, its better in numbers, and fight the rules on the books, by petitions, etc..
I hope this helps.

[hooligan]

Originally Posted by P3anut

HOA's don't care, let along communicate...its their money or nothing. the association I live has in their CCR's that if you fall behind after 30 days they can occupy your home...meaning you find another place to live, pay the mortgage and utilities, they rent out your house until they recoup their money. Imangine that one. look up the 10 things HOA's don't tell you...maybe this one should have been disclosed before moving into one.
another good website is AHRC.

Has your HOA board been turned over to the community yet, or is it still controlled by the builder/developer?