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HOA problem what do you think?

Old 03-08-2012, 05:28 PM
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Default HOA problem what do you think?

We live in a fairly nice community with 65 homes with a HOA. I wasn't in favor of this but my wife wanted our last child at home to growup with other kids since her brothers and sister had moved or married. We've been here 8 years I was on the committee the first 4 then all was smooth no problems.
The question is the HOA is all gunho about certain things like my boat can't be in the drive for over 24 hrs. blah blah blah but now they're letting some of these homeowners yards just go to hell I mean they look bad.
I've sent them emails about this (you can't call them) and I got one reply back that times are tough and people can't afford to get their yards looking good. Well times are rough for all of us but at the end of the day I come home when needed and pull them friggin weeds and mow my lawn. We've already had one foreclosure on our street that dropped the value of our home over 50k just overnite when they sold it for peanuts. I'm worried if these yards then paint and who knows what else goes to hell the home values are going to fall like a wino on Saturday night. What's your thought on this should I rally the neighbors and get these people off their azz? Even the front entrance way is grown up with weeds and we have about 20k in the cash account from the annual HOA fees.:bang head:
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Old 03-08-2012, 05:46 PM
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What you will typically find with HOA is those neighbors who are friends with the powers to be get a pass while those they don't like get the microscope treatment. Be very careful unless you are squeaky clean because complaining will often bring you into the spotlight.
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Old 03-08-2012, 05:59 PM
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So your HOA has a tuff times addenement?
Letting the entrance overgrow will drive people that can afford
away before they even pass through the gate.
Yet an invitation for people looking for upscale places to live,but
want to drive down the price and the community will disolve with
the lower prices.
Throw your HOA rule book out the window.
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Old 03-08-2012, 06:10 PM
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What gort said
My bosses son bought a condo and he thought having
a HOA was the coolist thing.
When he complained to the HOA about neighbor's extreme
loud music past hour's he was told he should talk to the neighbor
before filing a complaint,he did and situation stayed the same.
Complaint filed and HOA road his as about the littlest of details
in the rule book.
He finally was able to sub-lease to a friend until the friend was
ready to get his own place and then he sold it.
He said never again would he live where there is a HOA.
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Old 03-08-2012, 06:14 PM
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If the HOA says times are tough and people can't afford to cut their grass......bring your boat home and say "times are tough, I can't afford to pay storage fees for it down the street". Since it seems they are going to push the issue with you this is your opportunity to point out they can't enforce the boat issue if they don't enforce the yard issue.
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Old 03-08-2012, 06:34 PM
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WTH are they spending the dues on? It sure ain't maintaining the common grounds. In my neighborhood, most of the dues are spent on maintaining the pool and common grounds.
I'd tell them if they aren't going to enforce the covenants, I sure as hell won't be paying any dues.
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Old 03-08-2012, 08:50 PM
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HOA = Nazis
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Old 03-08-2012, 08:59 PM
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this is your opportunity to point out they can't enforce the boat issue if they don't enforce the yard issue.

No, this is opportunity to tell them they should enforce all violations. Only a lawsuit or recall effort would determine if they can or can't ...


Drawing A Line In The Sand Is Easy, Affording It Is Something else.
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Old 03-08-2012, 09:15 PM
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Originally Posted by t500hps View Post
If the HOA says times are tough and people can't afford to cut their grass......bring your boat home and say "times are tough, I can't afford to pay storage fees for it down the street". Since it seems they are going to push the issue with you this is your opportunity to point out they can't enforce the boat issue if they don't enforce the yard issue.
Originally Posted by Curmudgeon View Post
this is your opportunity to point out they can't enforce the boat issue if they don't enforce the yard issue.

No, this is opportunity to tell them they should enforce all violations. Only a lawsuit or recall effort would determine if they can or can't ...


Drawing A Line In The Sand Is Easy, Affording It Is Something else.

Agreed on both counts, you can play this either way, but if they are asses I'd play hardball with them and take em to court. Much easier said then done though.
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Old 03-09-2012, 04:16 AM
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I'm getting a letter ready this morning, someone has to do something. After my wife and I road through the other portions of the community we usually don't see because we live off at the first street we found that there are yards, paint and fences that are getting really bad. I know what some of you are talking about when one complains then he's the one that gets the shaft. One of the hoa guys lives next to me and he's one of them that keeps his yard trashed up with 7 year old colored faded play houses and slides from when his kids were young and his yard is a shambles. His paint is shot and faded, in 8 years he's done zero. I have a fertilizing company that treats weeds cheaper than I can buy the chemicals and he put on my invoice that where our two yards meet couldn't be controled because of my neighbors infestation of weeds. I called him and sent a copy of the invoice with the remarks on it and his reply was "I apologise for your angst" still nothing done. Sorry I'm venting and pissed. I was one of the first to move in here and we 'without any hoa' had to battle the developer to finish the pool and tennis court and they had liens on some of the lots that weren't built on yet. It was build this nice new home that turned nightmare and it eats at me that we went through all that to face what we're facing.
Cheers have a great weekend, I think I'll act like I'm fishing and start drinking at 7am.................lmao...........
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Old 03-09-2012, 05:45 AM
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You think that's bad, wait until people stop paying their dues......if they're not paying the mortgage? Now the HOA has no revenue, vacant houses with weeds......and then everyone else bails.

The foreclosure online auction for Indian River County has several auctions a week where the plaintiff is the HOA. Apparently the law allows for an HOA to pursue a foreclosure for unpaid dues - while leaving the superior liens (1st mtg, 2nd mtg) in place.

So.........you could think you're a genius.........buying a 3/3/2, tile and granite yada yada, for $14K at auction, and then an after-the-fact title search reveals a mtg lien that exceeds the value by $40K. Fix it up and put a tenant in, hoping to make my money back before the lien holder comes calling......ask me how I know this.

Sorry to derail, but advice to the OP, don't look past the forest for the trees. Get out in front of any real problems. Got to protect that value.
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Old 03-09-2012, 05:54 AM
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Look up on you deed and subdivision "laws" and see if the HOA is manditory.
A friend was getting grief from the HOA, and found it was not manditory. So, he opted out and no more problems.
HOA people can become Nazis
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Old 03-09-2012, 05:55 AM
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you're community perhaps faces bigger problems than unpainted fences. Who's behind on their dues? Who needs to go?

Last edited by China Rider; 03-09-2012 at 05:57 AM. Reason: Redundant
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Old 03-09-2012, 06:06 AM
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Can I suggest a bit different approach. Try offering help to those who are struggling with maintaining their property.
What would it take? willingness for sure, but to clean up, throw some paint on, get the community members to pitch in, since ya'll have a "vested" interest. Hire the kids who are students, get out and meet the people you live with.

... that would be a "community". Right now it doesn't sound that way at all.

... just sayin'
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Old 03-09-2012, 07:22 AM
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Originally Posted by t500hps View Post
If the HOA says times are tough and people can't afford to cut their grass......bring your boat home and say "times are tough, I can't afford to pay storage fees for it down the street". Since it seems they are going to push the issue with you this is your opportunity to point out they can't enforce the boat issue if they don't enforce the yard issue.
X2
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Old 03-09-2012, 08:04 AM
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unfortunately you have to get involved, goto the next meeting and bring it up for discussion, I like Davenfla, suggestion.

I would spend sometime to determine what is really going on. Once you have that you can help come up with a way out, instead of just sending a letter to someone saying hey I don't like how things are going fix it.
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Old 03-10-2012, 03:58 PM
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Ha! Another HOA thread. One of my favorites. One of my most miserable real estate experiences comes from dealing with assclown mental pigmies that run my wife's condo association in NJ. Those SOBs screwed me out of money that they literally extorted from me. My attorney told me that about once a year he can 100% guarantee a client that they would win the case -- and that case for the year was mine. He was 100% certain we would win. The only trouble? It would cost me 3x what the HOA was humping me out of to be "right" -- he asked me how badly I wanted to be right? I paid the bastards at the HOA the money and made their life miserable in other ways.

I was convinced that it was the simple fact that the people running it were corrupt, stupid, and not "business people" -- and decided to let it go. It's rented out, I don't worry about it, and I can sell it when I want.

Then I moved in with my wife's family (while we find a house here) and my wife's family is in a nice HOA -- professional management, really nice place. You know what I learned? They too, are a bunch of clueless people... they do work 2 and 3 times, they enforce rules when they want -- it's basically the same mental pigmies running the show -- only on a fancier, higher level. The good part is that in FL the laws protecting owners in HOAs is really pretty good. If what happened to me in NJ happened here in FL I could have nailed those dirtbags to the wall and they would have paid ALL my legal fees.

On the other hand, I'm in a commercial "Association" now (small outfit -- only 10 units, 6 owners)... and it is wonderful. No bullshit, all clear-cut and played 100% straight.

At the end of the day, realize that when you have an HOA you're basically living under a person's rules that IS NOT business savvy -- it is torture, don't do it unless you have lots of money and simply don't care if your balls get busted.

My buddy in Brevard county (here in FL) get's letters MONTHLY for shit that will make your head spin. He has the most beautiful house in the HOA and they people that run the HOA are jealous of him so they break his balls. His last letter was because the landscaper didn't protect the lawn clippings from blowing away WHILE they were cutting the lawn (it was very windy that day). The landscaper cleaned up, the complaint was that the grass was blowing as it was being cut... which as ANYONE who has ever cut a lawn -- it simply isn't possible to keep EVERY blade of grass from going in the street.

He told them to sue him and fine him -- they told him he shouldn't have gotten the letter and it was an error.

HOAs. Torture.
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Old 03-10-2012, 04:07 PM
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Originally Posted by CaptKennyW View Post
HOA = Nazis
Real BAD Nazi's.

May a septic truck park in the HOA presidents parking space and break down and then spring a leak.
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Old 03-10-2012, 04:09 PM
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Every time I see a HOA thread I am glad I never fell for that trap. What a miserable way to live.
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Old 03-10-2012, 04:31 PM
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Originally Posted by KJS View Post
Every time I see a HOA thread I am glad I never fell for that trap. What a miserable way to live.
Ditto!

One of the most bizzare things I ever heard of was a guy in Charlotte NC had his HOA go after him for mowing his own yard. You can't make this chit up. Apparently they had a contract and he didn't like the way the lawn care people were doing it so he mowed his own yard and they were trying to levy a fine.
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