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Old 09-16-2015, 12:46 PM   #51 (permalink)
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Someone is appointing themselves as the resident HOA deputy. The by-laws probably say something about elections. Challenge this fawkers authority and force an election if necessary. Get you and a couple of friends on the HOA board and do nothing.
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Old 09-16-2015, 12:53 PM   #52 (permalink)
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Someone is appointing themselves as the resident HOA deputy. The by-laws probably say something about elections. Challenge this fawkers authority and force an election if necessary. Get you and a couple of friends on the HOA board and do nothing.
"My first action as the President of this HOA is to make a motion to permanently disband the HOA."
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Old 09-16-2015, 12:57 PM   #53 (permalink)
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"My first action as the President of this HOA is to make a motion to permanently disband the HOA."
Love it
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Old 09-16-2015, 01:24 PM   #54 (permalink)
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You have to change the regs to make them completely unenforceable. My hood has an HOA. The Board of Directors and the Architectural Control Committee have no problem with anything going on in the neighborhood. In fact, they have written approvals for constructions in the neighborhood. One of the residents has chosen to sue several people individually for what they perceive to be "infractions" or "misinterpretations" of the rules. IMO, get rid of everything asap.
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Old 09-16-2015, 01:39 PM   #55 (permalink)
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Someone is appointing themselves as the resident HOA deputy. The by-laws probably say something about elections. Challenge this fawkers authority and force an election if necessary. Get you and a couple of friends on the HOA board and do nothing.
R See post 13... I was envisioning more aviator glasses, camo, a badass flag with an AK47 on it, and HOA members being tied up and held for ransom... Your method works as well i guess.
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Old 09-16-2015, 01:49 PM   #56 (permalink)
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Old 09-16-2015, 01:59 PM   #57 (permalink)
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I purchased my current home 7 years ago. Buyer said there wasn't an HOA, there wasn't anything presented at the closing that indicated that there was an HOA. Then 6 months ago a neighbor comes by and apparently he has taken it upon himself to find the CC&R's of the neighborhood and resurrect the HOA. It is a fucking shit show.

The CC&R's are on file at the court house, but there are 3 of them. A different set for each street in the neighborhood. And it basically boils down to the street that I live on is the only street required to pay yearly dues. The association is asking the other streets to please pay but as you can imagine, that's not going very well.

Currently they are trying to get the CC&R's changed so that the entire neighborhood is under one CC&R but these are tied to the deed of the properties and are not easily if not impossible to change.

They are also trying to raise dues to cover "projects" that they don't have the power to administrate. They are also picking and choosing what by-laws to enforce. Since the HOA didn't exist since 2002 people have done with their properties what they wanted. A guy has an above ground pool for example and they don't enforce the rule against that. But God for bid I park my truck in the street overnight.

So I want to kill the HOA, except for collection of dues to maintain the common areas (front entrance) how do I do that?
They can no pick and choose which rules to enforce. Its all or nothing. Easy fix with a letter from a lawyer. chances are that the HOA does not have the money to hire a lawyer anyway.
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Old 09-16-2015, 02:10 PM   #58 (permalink)
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Usually a majority vote (75% or so) at any meeting (they do have meetings right?) and you can change just about anything you want. Its not as easy as just taking over and disbanding the HOA. If there are covenants, they are likely filed with the city/county. These can stay intact even if the HOA is defunct (my Aunt is dealing with this right now).

Of course getting that many people to a meeting and it not turning into a bitch fest is next to impossible. Most people complain, want something done, but wont back up their words. You are able to go out and get proxy votes and vote how ever you see fit (1 person can have any number of votes as long as the proxy is signed by legal members. Usually 1 home/land owner=1 vote). This takes time on your part as you have to get out and beat the bricks and talk to a lot of people (even better if you can get them to go to the meetings and complain, as long as they side with you. It can backfire using this method, as what they hear at the meeting could change their minds).

In conclusion, most HOA's are a giant PITA.
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Old 09-16-2015, 02:17 PM   #59 (permalink)
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Usually a majority vote (75% or so) at any meeting (they do have meetings right?) and you can change just about anything you want. Its not as easy as just taking over and disbanding the HOA. If there are covenants, they are likely filed with the city/county. These can stay intact even if the HOA is defunct (my Aunt is dealing with this right now).

Of course getting that many people to a meeting and it not turning into a bitch fest is next to impossible. Most people complain, want something done, but wont back up their words. You are able to go out and get proxy votes and vote how ever you see fit (1 person can have any number of votes as long as the proxy is signed by legal members. Usually 1 home/land owner=1 vote). This takes time on your part as you have to get out and beat the bricks and talk to a lot of people (even better if you can get them to go to the meetings and complain, as long as they side with you. It can backfire using this method, as what they hear at the meeting could change their minds).

In conclusion, most HOA's are a giant PITA.
Man maybe its because i deal with regulatory BS all day at work, but why on earth do people want to deal with this crap at home? Just so evreyone can have neatly manicured lawns, the same color front doors and an excuse to spy on their neighbors? F that, i want to drink a beer and sit in my garage and not deal with the above BS. Man people need lives and learn to relax at home.
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Old 09-16-2015, 02:40 PM   #60 (permalink)
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I have a free consultation set up for early next week. But I'm not going to hire an attorney over $50 a year.

If I am not able to get rid of the HOA other ways or they become a nuisance Then I will reconsider.

Right now it seems more fun to try to destroy them on my own.
wait a damn minute. first you come in here bitching about the HOA then say it's no big deal?

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Once they are installed, no attorney is going to help. They are there. If your issue $50yr then fuggit and quit bitching. Most of us that have issues with HOAs give a fuck less about the dues. It's the busy body cunts that run the fuckin thing like a gestapo that pisses us right off. That's worth an attorney's fee to avoid.
this ^^^^ right here is why you fight it tooth and nail. they're going to start telling you what you can and cant do with your own property and your going to lay down and take it like a bitch? dumb, really dumb.
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Old 09-16-2015, 03:52 PM   #61 (permalink)
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I pay my HOA $900 a year. But, they are limited by their covenents to only care for the roads and communal areas. Since I live on a mountain with only dirt roads that are not state maintained, I guess it's worth it.
$50 a year turns in to $900 a year. Those cunts don't have regulations on their increases.
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Old 09-16-2015, 04:56 PM   #62 (permalink)
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Old 09-16-2015, 05:17 PM   #63 (permalink)
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I purchased my current home 7 years ago. Buyer said there wasn't an HOA, there wasn't anything presented at the closing that indicated that there was an HOA. Then 6 months ago a neighbor comes by and apparently he has taken it upon himself to find the CC&R's of the neighborhood and resurrect the HOA. It is a fucking shit show.

The CC&R's are on file at the court house, but there are 3 of them. A different set for each street in the neighborhood. And it basically boils down to the street that I live on is the only street required to pay yearly dues. The association is asking the other streets to please pay but as you can imagine, that's not going very well.

Currently they are trying to get the CC&R's changed so that the entire neighborhood is under one CC&R but these are tied to the deed of the properties and are not easily if not impossible to change.

They are also trying to raise dues to cover "projects" that they don't have the power to administrate. They are also picking and choosing what by-laws to enforce. Since the HOA didn't exist since 2002 people have done with their properties what they wanted. A guy has an above ground pool for example and they don't enforce the rule against that. But God for bid I park my truck in the street overnight.

So I want to kill the HOA, except for collection of dues to maintain the common areas (front entrance) how do I do that?
But it's only $50 a year, right?
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Old 09-16-2015, 05:51 PM   #64 (permalink)
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But it's only $50 a year, right?
Ya......for the time being.

We are having elections in 30 days. I have signed up to run as president. I will kill this bitch from the inside.

If that doesn't work I'll lawyer up.
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Old 09-16-2015, 07:42 PM   #65 (permalink)
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The CC&R wasn't on file at the time I purchased the home. Or some such shit according to the county Records of Deeds
Then you didn't agree to them, right?
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Old 09-16-2015, 07:47 PM   #66 (permalink)
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$50 a year turns in to $900 a year. Those cunts don't have regulations on their increases.
No Chit when I bought my property the "POA" (P is for Property) charged $35 year and now its $875 a year 32 years later...
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Old 09-16-2015, 10:07 PM   #67 (permalink)
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This was missed in title. This is what you have title insurance for. Call the title company you closed your house with and tell them what is going on and that it's their bad.
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Old 09-16-2015, 11:00 PM   #68 (permalink)
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This was missed in title. This is what you have title insurance for. Call the title company you closed your house with and tell them what is going on and that it's their bad.
Not necessarily.
We had CC&R's (small list) when we bought our home but no HOA. Well it turns out there was an HOA at one time and it was dormant. Legally they had 7 years to re activate it in this state, at 6 years they did. There are organizations that help them re start them and lawyers that helped them out if they payed a small retainer, which someone did.
Thankfully, here, they seem to have no swing. They came up with a list of shit they can't enforce and bitch because they can't make us pay the 50.00 a year dues. Dues are supposed to be paid at the first of the year, they have a sign out right now telling us that its "Not too late to pay " stupid fucks.
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Old 09-18-2015, 01:58 PM   #69 (permalink)
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This was missed in title. This is what you have title insurance for. Call the title company you closed your house with and tell them what is going on and that it's their bad.
the title insurance usually only protects the lender, not the buyer.
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Old 09-18-2015, 02:34 PM   #70 (permalink)
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This was missed in title. This is what you have title insurance for. Call the title company you closed your house with and tell them what is going on and that it's their bad.
Question on this, hypothetically speaking.
Say I buy a house. I don't want an HOA. I ask if there is an HOA, and am told no. The title company finds no HOA. Some time later, an HOA is found, and wants me to pay dues, and wants to influence my use of the property. They won't go away.
The property is no longer materially what I wanted when I bought; I wanted no HOA.
What is the available remedy? Can the title company get me out of the HOA? Are they on the hook for my costs of selling the property to get out of the HOA? Are they on the hook for the HOA dues in the meantime? HOA fines/fees/collections/liens/???
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Old 09-18-2015, 03:01 PM   #71 (permalink)
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Why the fuck would anyone purposely buy a home in an HOA? It's basically like living in a rental. You "own" it, but wtf good is that is Johnny by-laws can dictate every single aspect of your property and what you do on it/to it? The idea is ridiculous to me, and I don't think I've ever heard someone say one positive thing about being in one
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Old 09-18-2015, 03:18 PM   #72 (permalink)
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my parents live in a condo on the ocean that has an HOA and the rules mean nothing,
condos are 8 to a building, 4 on grond floor, 4 on second flooor
the rules say that you cant install wood or hard floor covering on the second floor units.

three of the board members have installed hardwood flooring in their upstairs units.
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Old 09-18-2015, 03:47 PM   #73 (permalink)
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Someone is appointing themselves as the resident HOA deputy. The by-laws probably say something about elections. Challenge this fawkers authority and force an election if necessary. Get you and a couple of friends on the HOA board and do nothing.
This is similar to my last HOA experience. Several years after buying into the neighborhood, the non-active HOA was reactivated to sue a guy for fencing a common area as his own. We collected dues for two years and won the lawsuit. Shortly thereafter the HOA began a discussion to revise the CC&R's to include derelict vehicles and so-on..... I wrote a nice letter voicing my concerns, was voted in as pres, later VP, and we didn't have any more meetings .

When I sold the house, I was still listed as the VP of the HOA. That was somewhat uncomfortable during closing. explaining the fact I ran for pres so I could run the HOA into the ground.

In hindsight, I wouldn't have anything to do with a HOA again. The HOA BOD had a to take an insurance policy out which covered counter suits, which scared the crap out of me.
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Old 09-18-2015, 03:59 PM   #74 (permalink)
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Get the HOA rules and post them. I can probably let you know what you can and can't do. My house is in an HOA. I read them before I moved there. I read them good enough to know that as long as I pay my $60/year that the rest of the rules are not any matter to me because the only provision in the entire thing that they can enforce is the HOA fee. They can't put a lien on my house for ANY other reason.

I do whatever I want whenever I want. My boat is in my driveway for WAY WAY over the allotted 21 days per year. Hell, it was in the driveway for more like 40+.
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Old 09-18-2015, 04:19 PM   #75 (permalink)
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Then you didn't agree to them, right?
They're required to be on file with the county when a property is sudivided. The title company is responsible to find it.
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