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My POA is threatening a LIEN.......

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My POA is threatening a LIEN.......

Old 01-18-2007, 04:10 PM
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Default My POA is threatening a LIEN.......

...after fines are imposed, of course, against some of the residents of my neighborhood for various infractions including keeping boats and trailers in yards, parking on the street, parking off of your driveway, etc., myself included for the parking off of the driveway part.

An email was sent to the offending parties from the President basically stating that she was on our side and wanted to help but because of the fact that the complainers had gone to the Town with the Master Declaration in hand, as well as video evidence, she was powerless to do anything other than help us form a comittee or sub-committee for the purpose of investigating a possible storage solution to alleviate the problem, namely usnig a lot next to the clubhouse and pool as a for rent storage facility.

I know many of you will chime in with great suggestions about forming sub comittees, why not just comply, try to change the rules, etc., but that is not necessarily what I'm looking for. I pay to store my boat now and having a lot fenced in in my 'hood to keep the boat in would be great if it was a comparable $. I can also deal with the vehicle parking issue just fine because it is my intention to pave an additional small part of my yard for an extra parking space for my company vehicle. Basically what I want to know is how much power do "they" really have over a resident. I've been told, actually by a developer/builder on this site, that POA's are not as powerful as they would like residents to believe.

I don't have a problem with following the rules, but I want to know what is the worst case scenarion if I chose not to.

Thanks
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Old 01-18-2007, 04:18 PM
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Default Re: My POA is threatening a LIEN.......

no offense, but i couldn't live like that, no matter how nice it was
what would jerry do?
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Old 01-18-2007, 04:32 PM
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No offense, but..........Move. The only solution for peace of mind.



Ray, Tennessee 2180DLX Carolina Skiff 90HP Honda
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Old 01-18-2007, 04:33 PM
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Default Re: My POA is threatening a LIEN.......

OS, sent you a PM.
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Old 01-18-2007, 04:42 PM
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Default RE: My POA is threatening a LIEN.......

The homeowner's associations can impose liens against a property for specific items such as non payment of dues. Does the by laws specifically identify levied fines, amounts etc. for non compliance of covenents? Most in NC do not. The by laws probably do not have verbage authorizing the Board to levy fines. If the HOA takes you to court over this, all the judge will do is tell you to move your car, boat, etc. Move it back later and the HOA will have to start over again. Homeowners will get tired of paying legal fees for this kind of crap.

Homeowners Associations in NC sucks. All subdivisions in NC developed after 1998 are required to have one.
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Old 01-18-2007, 04:43 PM
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Default Re: My POA is threatening a LIEN.......

A lot depends on the state and how well written the Master Declaration is. Here in the NE, for the most part HOA's are indeed not very powerful and are more of a marketing ploy for certain neighborhoods. Many people feel "that they are somebody" if they live in an HOA. Truth be known they are a pain to establish and a bigger pain to maintain.

Technically and HOA can foreclose on you, and the false sense of power that HOA board members get often makes them revert to using this threat.

A few things to look at in arming yourself

1) Are all restrictions being enforced equally or are they in a sense using "snob zoning" - only enforcing the rules on a select few

2) The road - did the town/city/municipality ever formally accept the road? If they did it is awfully hard to enforce what amounts to private laws on a public road. FYI - developers often over look this part as they turn the road over to the town to avoid the maintenance.

3) HOA board members are not beyond reproach. They have no magical force shield protecting them. Armed with the rules and regs, I would place 98% confidence in the fact that you could find some violation on each of their properties.
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Old 01-18-2007, 05:21 PM
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Default Re: My POA is threatening a LIEN.......

Matt......I was the president of a HOA for 6 years.......we had the same type conven/by laws etc...
But we learned....first and foremost......no conven/bylaws shall supercede the law of N.C.....

As mentioned above...if you do not pay your dues, then a lien can be levied against you at the courthouse....but......displaying flags or parking infractions, extra vehicles etc, etc....it is very difficult for a HOA to continue to follow up...and certainly can say they will fine you but ain't a court in the land gonna make you pay it.....(excluding dues and as'ments)...The "patrol" that polices the boat parking must also adhere to all other infractions on a equal footing....(maintaining common area, exterior paint, siding, sign placement, mail boxes being the same, STREET LIGHTING) eventually these folks just "go away"....

Wear'm down cap'n ............Clark

WEAR'M DOWN MATT......then pass a partition and get enough signatures to "change/alter" the by
laws....
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Old 01-18-2007, 06:05 PM
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Default Re: My POA is threatening a LIEN.......

......? I TRULY appologize for bein' an idiot on this one - but what, exactly, is a "POA".....?

I know what a HOA is - Home Owner's Assoc., but POA.....? What's the P stand for?

Anyway - sorry you're havin' trouble with 'em. It'll all work out. Fight the good fight!!










And BTW ~ just b/c I can't "control" myself I gotta say...........If POA happens to stand for Piece of Arse and SHE'S threatenin' a lien against YOU ~ I'd let her have it!!

Sorry, I couldn't resist.
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Old 01-18-2007, 06:16 PM
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Default Re: My POA is threatening a LIEN.......

FJ...........The P is for Property. Property owners association.


CGrand.........I hear ya'. Bought in here for one reason. My property has doubled in value in two years, but land ten miles inland is staying the same so were planning on a move in a year or two to a ten acre wooded lot with a house right in the middle.

Everyone else.......Thanks for all of the good info, and keep it coming. I'm looking to follow the rules in the long run, but when I show up at the next meeting, I want everyone involved to know that some of are doing our homework and WILL NOT BE PUSHED AROUND.
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Old 01-18-2007, 06:22 PM
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Default Re: My POA is threatening a LIEN.......

POA? My guess is "Property Owners Association" like in HOA.

When I bought my house in Rock Hall I made absolutely sure there was NO HOA. As a HAM radio operator, I wanted to be sure I could put up at least a modest antenna without any crap from the association, and I now have a simple single-band dipole up in the big pine tree behind my house.

In my NJ place, there IS a sort of an association, which actually has title to the physical property (O.K., it's a strange place), but the rules are not oppressive at all. I have a tower and several antennas (all allowed by my building permit with the town) and lead a nice quiet life among my neighbors.

You would never get me to live in a nazi place like that!
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Old 01-18-2007, 07:44 PM
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Default Re: My POA is threatening a LIEN.......

Why, would anyone buy / build in an area with an HOA or POA and not want to obey the rules. That's why the rules are there at the closing and you sign for them, and the dues are explained at that time if there are any....

This is why you should always have an Attorney with you on major purchases: House, land, boats, top end vehicles.....or when your not sure of any other binding agreements your signature will be making you responsible for at the present or in the future.

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Old 01-18-2007, 07:59 PM
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Default Re: My POA is threatening a LIEN.......

TB Hawks - 1/18/2007 6:44 PM This is why you should always have an Attorney with you on major purchases: House, land, boats, top end vehicles.....or when your not sure of any other binding agreements your signature will be making you responsible for at the present or in the future.
Yeah, but even that's no guarantee. As recently as last week, I almost had to pay $50k to $60k for a new sewer line for the community I'm moving to because the real estate attorney didn't think to obtain the close up view of the easement. Fortunately, the easement cannot accomodate no other properties than the two I am buying, so the municipality allowed me to re-draw the easement to reflect two separate sewer lines, one for each house.

I used to wonder why anyone would live in a neighborhood that had home owners associations. But last summer,in the neighborhood I live in now, the folks in myneighborhood had such a major ordeal with one neighbor that I came to realize the benefit of a homeowner's association. But now that I'm moving, they won't need a homeowner's association anyway.
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Old 01-18-2007, 08:05 PM
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I live in a neighborhood that I developed and to attract the buyers for the price range, an HOA was needed. There are 15 homes in the neighborhood - 14 are governed by an HOA - any guesses as to the one that is not.
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Old 01-18-2007, 08:26 PM
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Default Re: My POA is threatening a LIEN.......

Farmer Jane -- Folks like us don't have no kinda idea what's a POA. First thing I thought was that his P (pig) OA (some breed of pig) was skinney and he had a problem.

TB-- I am with you. If you don't intend on following the rules don't live in a place that require you to live by rules.

RIB-- Not fair. But I assume, in the name of fair play, you did make it cear to all perspective buyers that ONE lot didn't fall under the HOA.

Originalsin-- I with you on the equal enforcement. And if we are gonna follow the rules we are going to follow all of the rules, all of the time.
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Old 01-18-2007, 11:57 PM
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Default Re: My POA is threatening a LIEN.......

I had a house in an HOA that was rented 2000 miles from my door. If the tenent parked wrong, they would fine me , and I would find out about it about 3 months later when they added it to my bill.

I tried to have a reasonable conversation like "send me an email when there is a problem" and was answered "we're not obligated" and so on.

I came to town and threatened the guys life.

No more problems out of him, or his successor.
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Old 01-19-2007, 01:11 AM
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Since when has it been a crime to park your own boat & trailer in your own yard? If that were the case,about 1/4 of all home owners here would be in violation! As long as it's parked on your own property I wouldn't worry.
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Old 01-19-2007, 06:26 AM
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DOH~!!! PROPERTY......well, duh.

I swear - I just COULD NOT figure it out yesterday. My mental capacity was INcapacitated. Anyway - thanks for clearin' it up for me. I feel "smarter" NOW~!


I'm sure that if you get all of YOUR ducks in a row and go in there with a positive and cooperative attitude that things will work out for everyone involved. May take some time, though.

Hang in there and let us know what happens!
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Old 01-19-2007, 06:38 AM
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In a situation like this, you gotta ask yourself, what would Andrew "Dice" Clay do. The answer then becomes simple.

Back your boat right through the front of her house, til it's all the way into her freakin' living room. Then, jump out of your truck, unhook your boat, and say "There. My boat ain't parked in my freakin' driveway now. You happy Bitc . . . ? "

Before you walk away, say to her "And while it's here, how about waxing it. And the boat too please. Oh ! "

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Old 01-19-2007, 07:18 AM
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HOA's also can change rules... In 2000 when I bought my condo here in FL, the only thing pertaining to pets were they had to be leashed. Now they have to be under 25lbs. My first golden woulda been 'grand fathered' in, but I would have had to buy a yap-yap this time (like the rest of the geezers there). Bought it only as an investment, it was a great move. Someone there just sold their slip for $79k, what I paid for my slip and the condo. I could never handle any of the 'HOA patrol' down here, waaaaaay waaaaaay too many people with nothing to do.
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Old 01-19-2007, 08:14 AM
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We have a small HOA with no problems. Just one old bag who whines alot, when we first built the house, she told the RE agent to have us call so she could "explain the rules" and mentioned that I had a Harley. I responded that I already knew how to read and if she liked bikes I could have a hundred show up any weekend for a beer bust in my yard.

We once lived in a condo with the condo nazi mentality , they had 6 parking spots for visitors, two hr limit. A friend was over and the dude at the door calls and says we have to move his car as the 2 hrs was up, it was the only car there, the condo prez told him to call us to move the car...from 1 spot to another....2 hrs was 2 hrs in his mind, after he got the requisite piece of mine, we never had a problem with him either.

Small minds with too much time on their hands.

Dick
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