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Sarasota - Bradenton - Venice area Manatee and Sarasota Counties
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Old 03-22-2021, 04:44 PM
 
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I live in Manatee county , I filed a complaint a few days ago about a neib. across the street. He running some kind of scrap business from his home. He also has a pile of garbage /scrap in front of the home so high you can barley see the house. On both sides of the drive way, I called code enforcement along with a few other people that live on this street.Code enforcement Originally said that they gave my neib a deadline to get things cleaned up. He came out today& said & said that we should have filed complaint a long time ago. And that he knew nothing about a deadline!? What can I do to make these lazy ------ do the job they get paid to do?
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Old 03-22-2021, 08:13 PM
 
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Simple, find a supervisor and file a complaint on your case number...if you didn't get a case number then you're sol...start over, get names, biz cards, case number etc
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Old 03-22-2021, 08:34 PM
 
1,456 posts, read 2,986,218 times
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Quote:
Originally Posted by terrymlynn View Post
I live in Manatee county , I filed a complaint a few days ago about a neib. across the street. He running some kind of scrap business from his home. He also has a pile of garbage /scrap in front of the home so high you can barley see the house. On both sides of the drive way, I called code enforcement along with a few other people that live on this street.Code enforcement Originally said that they gave my neib a deadline to get things cleaned up. He came out today& said & said that we should have filed complaint a long time ago. And that he knew nothing about a deadline!? What can I do to make these lazy ------ do the job they get paid to do?
This is exactly why people live in HOA neighborhoods. As much as a pain they are, this doesn't happen.
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Old 03-23-2021, 07:10 AM
 
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For every "my HOA wont let me put my pink chair on the porch" story, we have these stories showing why people move into HOAs.
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Old 03-23-2021, 07:44 AM
 
62 posts, read 11,986 times
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Originally Posted by slduvall View Post
This is exactly why people live in HOA neighborhoods. As much as a pain they are, this doesn't happen.


Sure it does, but not frequently. HOA's in most cases can only fine the homeowner and file liens on unpaid assessments..


County Code Enforcement agencies have civil/criminal courts behind them in FL, i.e. the Law. Code Enforcement can be far more effective than the alleged wrath of an HOA


County Code Enforcement has the civil/criminal power to drag you in front of a judge, and more importantly has the civil power to CONDEMN your property and in some cases take your property.


In Florida, HOA's do not have the power to throw you in jail for contempt and/or non-compliance of an "order"...and frankly, you'd be an idiot to buy in a subdivision that had that power filed in The State of Florida Few if any have the power to foreclose.


Condominiums in Florida are quite another story. Most almost have police power, lol and some have been known to foreclose on a non-compliant owner. That's another reason to avoid condos and some HOA's in Florida


Stick with County Code Enforcement, they WILL follow through if you follow the procedure.


Most HOA's around here are overpriced entities to be avoided - just like high CDDtaxed ones. Being in a highly restricted community is far from automatically having decent, law-abiding, clean, ethical residents who are buying in them here recently over the past 20 years or so. In fact, the opposite is more true. Losers, criminals, shady-gradys, miscreants and other transplants are buying in those communities too. You just never know around here any more - no guarantees about people around here, esp in a few communities in Lakewood Ranch, which has a number of restrictive HOAs along with some unsavory residents like no time before!


County Code Enforcement is your good bet.
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Old 03-23-2021, 08:25 AM
 
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Not to this extend and when you hit someone in their pocketbook they tend to not like it.

As this was an ongoing problem that should have been reported earlier, this would have been reported by all the HOA nuts.

Currently in my neighborhood there is a 2nd home that is always vacant. This is not a typical 2nd home neighborhood, so it is the exception. Anyway, they stopped coming a few years back and appear to have switched weekly yard maintenance to monthly and they were letting the fines build up.

Now it's being foreclosed on by the HOA, over things that could all be fixed in a day or so. 1st foreclosure in the history of our HOA, so lots of chit-chat about it.
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Old 03-23-2021, 11:22 AM
 
62 posts, read 11,986 times
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Quote:
Originally Posted by slduvall View Post
Not to this extend and when you hit someone in their pocketbook they tend to not like it.

As this was an ongoing problem that should have been reported earlier, this would have been reported by all the HOA nuts.

Currently in my neighborhood there is a 2nd home that is always vacant. This is not a typical 2nd home neighborhood, so it is the exception. Anyway, they stopped coming a few years back and appear to have switched weekly yard maintenance to monthly and they were letting the fines build up.

Now it's being foreclosed on by the HOA, over things that could all be fixed in a day or so. 1st foreclosure in the history of our HOA, so lots of chit-chat about it.
Sorry, for an HOA to have standing in a foreclosure suit in a court of law, they would have to have contractual proof of a host of violations for a long long period of time, before any FL judge would authorize a ruling/order in their favor. HOA's can file a lis pendens at any time, but that doesn't mean a judgment/order is even an eventuality. In other words, filing a lis pendens just starts a process and it's not THE process that must or should be ruled in favor or any plaintiff.


The house in your neighborhood may also have been "abandoned", which kicks in other variables. You said it's "always vacant". If that is true and demonstrably true, then that also brings into a host of other possible provisions. The owner may have walked, left the country, or even died. I guess you have no idea. There is more than meets the eye in your example...it's not just because the neighbor has trash in his yard or doesn't cut his grass on a regular basis. As far as you know, bank may have filed the lis pendens and the HOA is AUTOMATICALLY added to the filing as a party to the action



Did you actually READ the basis for the lis pendens? I sort of doubt you did. If you have, then you would know the details of the plaintiff's cause of action and their proof of standing in the matter. No doubt that true abandonment can be a problem, but generally speaking, judges don't like ordering a complete foreclosure initiated by HOAs unless there are egregious long time violations of severe violations of the Declarations. Bank filings are another matter, but even then it can be an arduous task. I don't know the specifics of the plaintiff's claim


I know I would never buy into a community whose HOA remotely had that kind of power....nor would I recommend anyone else to. In fact, I advise everyone to avoid them as much as you can. Most around here are half-smart, nosey, evil, mean, nasty, and way over-priced
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Old 03-23-2021, 01:09 PM
 
1,456 posts, read 2,986,218 times
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Originally Posted by JimLathrup View Post
Sorry, for an HOA to have standing in a foreclosure suit in a court of law, they would have to have contractual proof of a host of violations for a long long period of time, before any FL judge would authorize a ruling/order in their favor. HOA's can file a lis pendens at any time, but that doesn't mean a judgment/order is even an eventuality. In other words, filing a lis pendens just starts a process and it's not THE process that must or should be ruled in favor or any plaintiff.


The house in your neighborhood may also have been "abandoned", which kicks in other variables. You said it's "always vacant". If that is true and demonstrably true, then that also brings into a host of other possible provisions. The owner may have walked, left the country, or even died. I guess you have no idea. There is more than meets the eye in your example...it's not just because the neighbor has trash in his yard or doesn't cut his grass on a regular basis. As far as you know, bank may have filed the lis pendens and the HOA is AUTOMATICALLY added to the filing as a party to the action



Did you actually READ the basis for the lis pendens? I sort of doubt you did. If you have, then you would know the details of the plaintiff's cause of action and their proof of standing in the matter. No doubt that true abandonment can be a problem, but generally speaking, judges don't like ordering a complete foreclosure initiated by HOAs unless there are egregious long time violations of severe violations of the Declarations. Bank filings are another matter, but even then it can be an arduous task. I don't know the specifics of the plaintiff's claim


I know I would never buy into a community whose HOA remotely had that kind of power....nor would I recommend anyone else to. In fact, I advise everyone to avoid them as much as you can. Most around here are half-smart, nosey, evil, mean, nasty, and way over-priced
No I didn't head the lis pendens..as I really don't care. All I know is that no one has ever lived in the home full time, according to the next door neighbors. They only came a couple months a year. They eventually stopped that as well. As far as the rest, it really is none of my business other than the constant complaints on the neighborhood email and facebook page about the house. A couple months ago at the annual meeting they announced that they are filing a lien and starting foreclosure against the house. Most likely sharing that information in order to get people to stop complaining. I assume they also haven't paid their dues etc.

The point of my post is not to argue the laws surrounding HOA's or liens etc, but to merely point out that in HOA's people won't let what happened in the OP's neighborhood to get that bad. Thats it.
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Old 03-24-2021, 06:37 AM
 
62 posts, read 11,986 times
Reputation: 61
Quote:
Originally Posted by slduvall View Post
No I didn't head the lis pendens..as I really don't care. All I know is that no one has ever lived in the home full time, according to the next door neighbors. They only came a couple months a year. They eventually stopped that as well. As far as the rest, it really is none of my business other than the constant complaints on the neighborhood email and facebook page about the house. A couple months ago at the annual meeting they announced that they are filing a lien and starting foreclosure against the house. Most likely sharing that information in order to get people to stop complaining. I assume they also haven't paid their dues etc.

The point of my post is not to argue the laws surrounding HOA's or liens etc, but to merely point out that in HOA's people won't let what happened in the OP's neighborhood to get that bad. Thats it.




Therein^^lies the problem(s)^^^


Second, it's ALWAYS about the LAW, and knowledge


Third, HOA's only have certain lawful remedies for non-compliance. Communities with HOA's aren't a panacea or an arbiter of almost anything....Courts are. Bottom line, you can't control a homeowner's behavior, the homeowner's behavior can certainly be influenced and guided, but "That's it".


Fourth, It's clear you didn't read the lis pendens, because as you suggested, it really is none of your business. Neighborhood gossip is just that, and "Facebook" is a stupid and sometimes dangerous source for accurate information.....another reason not to own a house in a community with an HOA some would assert.
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Old 03-24-2021, 07:17 AM
 
204 posts, read 94,806 times
Reputation: 304
Quote:
Originally Posted by slduvall View Post
No I didn't head the lis pendens..as I really don't care. All I know is that no one has ever lived in the home full time, according to the next door neighbors. They only came a couple months a year. They eventually stopped that as well. As far as the rest, it really is none of my business other than the constant complaints on the neighborhood email and facebook page about the house. A couple months ago at the annual meeting they announced that they are filing a lien and starting foreclosure against the house. Most likely sharing that information in order to get people to stop complaining. I assume they also haven't paid their dues etc.

The point of my post is not to argue the laws surrounding HOA's or liens etc, but to merely point out that in HOA's people won't let what happened in the OP's neighborhood to get that bad. Thats it.
They are not worth debating with, they open new accounts here non stop and get banned shortly there after. It is a cycle. Everything they post is to try and dissuade people from living in Florida. Just an FYI, if you were not aware.
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