09-16-2009, 04:35 PM
Location: USA
3,966 posts, read
10,702,135 times
Reputation: 2228
1.) Can the HOA collect taxes in addition to the mortgage company doing such?
If not, what legal action can I take?
2.)The HOA rules cover the roof and bee's got into my roof and put a hive in there. Now that the bee problem is gone, they left the honeycomb there and needs to be ripped out. The problem is the roof would need to be opened.
Why am i concerned about the honeycomb? Two things. The honeycomb is from a swarm of African killer bee's. Had a beeman come out and verify that. The other is cockroaches are growing at an alarming rate and eating the honeycomb. One to two cockroaches have to be killed everyday...
My question is if the roof is covered by the HOA, by law, do they have to take care of this problem?
09-16-2009, 06:10 PM
Location: Southern Arizona
9,601 posts, read
31,710,724 times
Reputation: 11741
Interesting HOA questions, W1ngzer0
09-17-2009, 08:10 AM
Location: Gilbert - Val Vista Lakes
6,069 posts, read
14,783,384 times
Reputation: 3876
Quote:
Originally Posted by
w1ngzer0
1.) Can the HOA collect taxes in addition to the mortgage company doing such?
If not, what legal action can I take?
2.)The HOA rules cover the roof and bee's got into my roof and put a hive in there. Now that the bee problem is gone, they left the honeycomb there and needs to be ripped out. The problem is the roof would need to be opened.
Why am i concerned about the honeycomb? Two things. The honeycomb is from a swarm of African killer bee's. Had a beeman come out and verify that. The other is cockroaches are growing at an alarming rate and eating the honeycomb. One to two cockroaches have to be killed everyday...
My question is if the roof is covered by the HOA, by law, do they have to take care of this problem?
HOA's are not tax collection agencies. They can only collect dues assessments and fines.
For your bee question, you'll need to study your CC&R's and then present your question to the board of directors.
My suggestion is to gather all evidence including photos, and send them to the management company in advance, and request to be put on the agenda for the next meeting. Your request would be for the HOA to take care of the problem at HOA expense. Your evidence should support your argument.
09-17-2009, 09:52 AM
Location: USA
3,966 posts, read
10,702,135 times
Reputation: 2228
Quote:
Originally Posted by
Captain Bill
HOA's are not tax collection agencies. They can only collect dues assessments and fines.
Looks like I will be taking them to court. Do you have any recommended HOA lawyers?
09-17-2009, 11:23 PM
Location: Gilbert - Val Vista Lakes
6,069 posts, read
14,783,384 times
Reputation: 3876
Quote:
Originally Posted by
w1ngzer0
Looks like I will be taking them to court. Do you have any recommended HOA lawyers?
There are quite a few. Just google for them and interview them. The ones I know represent HOA's. You need one that represents members.
Remember the CC&R's is the guiding document. Before you do anything, make sure you understand them and are certain that the bee removal is the responsibility of the HOA.
You said that bees got into your roof. Did you mean they got into your attic? That is a different situation. If they got into the attic through the roof, then you may have a defective roof condition.
The HOA may cover the roof, but not anything that gets into your attic through a route other than through the roof itself.
Consider how much it will cost you in attorney fees before you ever get to court. Most likely around $20k.
The attorney is going to have to read, study and research your CC&R's to determine what the HOA covers. That's probably 1k for starters.
Then there are letters written to the HOA attorney, and more letters, and responses, and law suit filing fees, and costs of document preparation.
If you lose, then you will most likely have to pay the HOA attorney's fees.
So before you hire an attorney, my advice is to read the CC&R's, and understand what is covered. Then write to the management, and go before the board.
If you have not gone before the board to request this, then the attorney should tell you to do that as a first step. Why go to an attorney until you have exhausted all efforts with the HOA?
I was on an HOA board during a law suit that never got to trial, and I can tell you, it is not fun for either side; but the HOA is not going to back down when they are right. They will go after getting their attorney fees covered, and they can get them.
09-18-2009, 09:40 AM
Location: USA
3,966 posts, read
10,702,135 times
Reputation: 2228
I was more concerned with my HOA collecting taxes when they are not suppose to. Double taxation is a crappy thing. The bee thing will be an added bonus.
09-18-2009, 02:48 PM
Location: Tempe, Arizona
4,511 posts, read
13,584,784 times
Reputation: 2201
Quote:
Originally Posted by
w1ngzer0
I was more concerned with my HOA collecting taxes when they are not suppose to. Double taxation is a crappy thing. The bee thing will be an added bonus.
What are they taxing?
09-18-2009, 04:54 PM
Location: USA
3,966 posts, read
10,702,135 times
Reputation: 2228
Quote:
Originally Posted by
rjrcm
What are they taxing?
They claim they are collecting property taxes and so does the mortgage company. Yet.. they refuse to get together and figure out who is going to handle it..
09-18-2009, 05:07 PM
Location: Tempe, Arizona
4,511 posts, read
13,584,784 times
Reputation: 2201
Quote:
Originally Posted by
w1ngzer0
They claim they are collecting property taxes and so does the mortgage company. Yet.. they refuse to get together and figure out who is going to handle it..
Very strange, I don't understand how your HOA thinks they can collect property taxes. I assume you have discussed this with the HOA management?
You should have signed an agreement with your lender to impound money with your loan payments to pay property taxes for you. They are not actually collecting taxes, just paying your tax bill for you (the county collects).
09-19-2009, 12:21 AM
Location: USA
3,966 posts, read
10,702,135 times
Reputation: 2228
Quote:
Originally Posted by
rjrcm
Very strange, I don't understand how your HOA thinks they can collect property taxes. I assume you have discussed this with the HOA management?
Multiple times. They refuse to stop or do anything. They don't receive payment they threaten with a lean. To go off topic a little, you would be shocked to know how much money the idiots spent on water last year.
Please register City-data.com
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People in Group quarters - On base (%)
People in Group quarters - Barracks, unaccompanied personnel housing (UPH), (Enlisted/Officer), ;and similar group living quarters for military personnel (%)
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Residents speaking English at home (%)
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Class of Workers - Self-employed workers in own not incorporated business and Unpaid family workers (%)
House heating fuel used in houses and condos - Utility gas (%)
House heating fuel used in houses and condos - Bottled, tank, or LP gas (%)
House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)
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