HOA doesn't uphold policy - what can I do? (foreclosures, renter)

[clemolly88]

I live in subdivision that has an HOA. The policy clearly states that you cannot rent your home. Recently several homes have been purchased in my subdivision for rentals. What can I do? How can I see that our HOA policy is enforced. Note: I'm not sure an actual "board" exists. Our dues go to a PO box in another city. I've asked for a contact and never given one. I only have the name of someone who sells these homes out of the model home. Any advice would be very helpful! Thank you!

[cp1969]

I would quit paying the dues. Then you'll get to talk to someone from the HOA and you can ask them why you should continue to pay the dues when they don't enforce the covenants of the association.

[lifelongMOgal]

Originally Posted by cp1969

I would quit paying the dues. Then you'll get to talk to someone from the HOA and you can ask them why you should continue to pay the dues when they don't enforce the covenants of the association.

If HOA membership is mandatory do not stop paying your dues. This is very bad advice. Your post states homes are still being sold out of the model so I suspect the builder/developer may still be responsible for the HOA.

Go to the county recorder's office and find out who the contact person is for the HOA and if it differes from the information you have listed. Find out the name of the builder/developer of your subdivision. Contact your HOA via registered mail with your complaint along with requesting when the next board and membership meeting will be.

If there are other neighbors who share your concern it would be good to get everyone on the same page and demand a meeting to address the concerns of covenant violations.

If you are not able to get satisfaction it may require you hire an attorney to get the attention of the HOA.

[cp1969]

How is that such bad advice? The HOA is not living up to its end of the bargain; why should you continue to pay dues? Just exactly what recourse do they have when they are the ones violating the terms of the agreement? If nothing else, you will get a call from them, at which point you can say, "Oh yeah, those dues. I've been meaning to talk to you about that. See, I'll resume paying the dues when you start enforcing the covenants, which is the sole reason for your existence."

In other words, what in the hell can they do to you? Sue you to continue paying on a contract they have violated?

[Alley01]

Are you certain that the policy really states that there cannot be renters? I have heard of HOA's that say no more than 5%, etc. can be renters but I don't see how it is legal to say absolutely no renters. Perhaps you are mistaken?

In this economy, I don't think it is fair to stop renters. I don't like them in my neighborhood but we have had very good luck with those that are here and they are expected to follow the same rules that we have. If they don't, the HOA writes the owner and usually things are taken care of. If not, they usually take more forceful action.

Renters are better than foreclosures so if that is the only way that people can keep their homes right now, I think you should be happier with renters.

Regardless, not paying your dues will result in a lien and what would that accomplish? I am not willing to ruin my credit, background checks for someone who supposedly is who is renting their place out in violation of the laws. It is like not paying taxes because you don't agree with the government. Why not just go straight to prison?

[kcmo]

Originally Posted by Alley01

Are you certain that the policy really states that there cannot be renters? I have heard of HOA's that say no more than 5%, etc. can be renters but I don't see how it is legal to say absolutely no renters. Perhaps you are mistaken?

In this economy, I don't think it is fair to stop renters. I don't like them in my neighborhood but we have had very good luck with those that are here and they are expected to follow the same rules that we have. If they don't, the HOA writes the owner and usually things are taken care of. If not, they usually take more forceful action.

Renters are better than foreclosures so if that is the only way that people can keep their homes right now, I think you should be happier with renters.

Regardless, not paying your dues will result in a lien and what would that accomplish? I am not willing to ruin my credit, background checks for someone who supposedly is who is renting their place out in violation of the laws. It is like not paying taxes because you don't agree with the government. Why not just go straight to prison?

Took the words out of my mouth!

[Okey Dokie]

Originally Posted by cp1969

How is that such bad advice? The HOA is not living up to its end of the bargain; why should you continue to pay dues? Just exactly what recourse do they have when they are the ones violating the terms of the agreement? If nothing else, you will get a call from them, at which point you can say, "Oh yeah, those dues. I've been meaning to talk to you about that. See, I'll resume paying the dues when you start enforcing the covenants, which is the sole reason for your existence."

In other words, what in the hell can they do to you? Sue you to continue paying on a contract they have violated?

Well, for one thing they can put a lien on your house. However, I agree to quit paying is one way to get their attention. (Edit: oops - I see someone above has already suggested this....)

I also question if you can legally enforce a "no renting" clause. If the OP does not have a copy of the covenants, check with the Recorder of Deeds at your county court house as they have probably been recorded.

[Alley01]

Originally Posted by Okey Dokie

Well, for one thing they can put a lien on your house. However, I agree to quit paying is one way to get their attention. (Edit: oops - I see someone above has already suggested this....)

I also question if you can legally enforce a "no renting" clause. If the OP does not have a copy of the covenants, check with the Recorder of Deeds at your county court house as they have probably been recorded.

Do those who suggest not paying your dues actually live in an HOA? I am on the board of ours and the only thing you accomplish is a court date and your name on a list for all those who do pay to see. You don't think people know who you are? In my community they sure do and have no qualms about refusing people entry to our community pool, clubhouse, tennis courts or playgrounds. Yeah...you show people that way from humiliating yourself. Makes perfect sense to me!

I guarantee that no HOA has a no renter clause for everyone. Especially considering that most houses in the last five years were investment properties for renters or were flipped. Usually for any changes to occur in the covenants, a vote must occur with the majority of homeowners (three quarters in our neighborhood) actually voting for the change. We haven't ever gotten close to that majority trying to pass a renter percentage requirement. Turns out that is probably a great thing!

[cp1969]

Originally Posted by Alley01

Do those who suggest not paying your dues actually live in an HOA? I am on the board of ours and the only thing you accomplish is a court date and your name on a list for all those who do pay to see. You don't think people know who you are? In my community they sure do and have no qualms about refusing people entry to our community pool, clubhouse, tennis courts or playgrounds. Yeah...you show people that way from humiliating yourself. Makes perfect sense to me!

I guarantee that no HOA has a no renter clause for everyone. Especially considering that most houses in the last five years were investment properties for renters or were flipped. Usually for any changes to occur in the covenants, a vote must occur with the majority of homeowners (three quarters in our neighborhood) actually voting for the change. We haven't ever gotten close to that majority trying to pass a renter percentage requirement. Turns out that is probably a great thing!

In the OP's case, he has tried but can't even find out who to contact. In that case, I doubt that YOU would KNOW him, then would you?

You sheep can do as you please. I'd quit paying the dues and let them contact me to find out why. And if you, Mr. Board Member, were to try to keep me from doing anything such as using the pool, I'd know who to contact then, wouldn't I?

[Alley01]

Originally Posted by cp1969

In the OP's case, he has tried but can't even find out who to contact. In that case, I doubt that YOU would KNOW him, then would you?

You sheep can do as you please. I'd quit paying the dues and let them contact me to find out why. And if you, Mr. Board Member, were to try to keep me from doing anything such as using the pool, I'd know who to contact then, wouldn't I?

How could you pay dues and not know who to contact? It sounds like the subdivision is still under construction. So, if that is really the case, the builder is the HOA until the last house is sold or built and then everything is handed over to the neighborhood to form a board, hire a management company if necessary, etc. The closing paperwork should have all that information as should the covenants that were filed. Does the OP not speak to any of their neighbors? The OP needs to contact the builder/developer.