Fighting my newly starting Homeowners Association

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by comerrick, Nov 10, 2008.

  1. comerrick

    comerrick Chillin' With My Peeps

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    There had always been one here in this neighborhood but it wasn't suppose to start until all the houses were built and that happened over a year ago. Here's the problem, many of the people here, didn't know that there was one and many don't want it, including myself. But a month ago, we received a letter in our door stating that there is one with a Temporary Board and that they want $120 by December 1st and that the first meeting was 3 days later. I seriously think that they were expecting us to show up with checks in hand. The Temporary President complained about errosion around the pond that he is built next to. He called the developer and the developer said he was out and that this now a problem for the Homeowners' Association. People were ticked and it was a fiasco! $120 by December 1st, Christmas time, in this economy, I don't think so! This is a blue collar neighborhood with real people in a tough economy. Prices have shot up like crazy due to the extreme prices of gasoline. People are barely making ends meet as it is. Plus the developer should have been taking care of the ponds all along. And as we are all rereading the Covenants that everyone must follow, things are now becoming abundantly clear, people are going to loose their homes over this. We cannot park our own cars in our driveway, let alone the street. That would be 90% of the people around here, many that cannot physically get their trucks or vans into the garage, they were just built too small. Then we all have to have our fences 4 inches off the ground. Think about all the dogs that will escape from underneath that. I would say at least 1/2 of the people around here will have to repaint their houses. I, of course, will not be able to have chickens. Many people don't have the mandatory amount of trees or shrubs, etc! All of this must be complied with or we will be fined. There is no money for these changes or for the fines for if we do not comply. People could loose their homes.

    But I feel called to fight this and I have found advocates to fight with me. If 75% of the people agree, then we can change to covenants and we will. We want to make it where the board only has control over the common areas, and that would be the 3 ponds that the storm drains drain into. All houses will be under city ordinances. That they can't change any of the covenants or bylaws, etc. That they can only make decisions in a public format where all the homeowners are invited and that is it. And that the dues will be $70 due Feb 1st.

    As were were getting this all together, the Temporary board held a meeting with out the homeowner's knowledge, with the Developer. My husband was invited, but they thought, he was for it. At that meeting they changed the $120 to $150 and talked to a HOA Management Company. My husband tried to tell them they needed to take this slowly and to talk to the people first. They didn't listen to a word he said. They did however, make up a permanent board (without the homeowners' consent) in to which my husband stepped up to take a position. The things that they said were sneaky and underhanded. It was pure evil!

    The day after this meeting they asked for my husband's resignation because he was for listening to the people and they were not. But also without even talking to him, they decided to sign a contract with the HOA Management company and changed the due date to November 1st! This bill came on Thursday of last week, giving people barely over a week to pay. My husband is ticked! They are now having secret meeting on the board as well! Also this HOA Company wants 8,000 a year just to police us! We will all be paying for someone to give us fines. But not the board, oh no, not them!

    We are going to cut them off at the knees and then vote in a new board and as a final act as a community, give the common areas to the city! For all those neighborly dictators out there, this is still the Land of the Free and the Home of the Brave!!!

    As, I now have over 50% of the homeowners signitures, that has been good. I have more in my blog of the small opposition but the main thing that the board keeps spouting off is about my chickens. Their main goal is to make me look like a freak to my neighbors. I have all hens. I am within city ordinance. Right now, they are in the Garage with a sunlight simulating light but I want so bad for them to be running free in the back yard. My goodness, I have no roosters and their poop is a heck of alot better than the poop that 4 huge dogs that are on both sides of me. Yea, I am the crazy one?! Anyway, pray for me. Wish me luck. Read my blog and tell me what to do the next time somebody does something to my house. Thanks
    Lov
    Liv
     
  2. scrapmom5

    scrapmom5 Chillin' With My Peeps

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    Apr 21, 2008
    Utah
    OHHHH. I wish you luck. We don't live in a HOA but still have neighbors telling us what to do. My DH said if one neighbor throws a royal tantrum about anything we do (mind you we have a beautiful yard and very well maintained home. Everything is maintained to top standards and because of such have had several wedding at our home.) he will paint the house a terrible neon rainbow splash just for spite. The funny thing is the one neighbor who complains about improvements on our home is always telling us we are not within code. DH is a contractor and knows the code. Last time neighbor did this, DH explained that neighbors home is not to code. Electrical is shoddy, addition to home is on fence line and eaves hangs into another neighbors yard. Utiltity easment also know has a pool in its place. THe other neighbor who says we have too many cars (3) has a yard (50 year old home) with weeds a dog who barks at everything and their cars are all over the place (which they too have 3). They are known to park on the "lawn" in the street wherever.

    Keep fighting the HOA. I bet you will have no problems finding your support.
     
  3. TaLani

    TaLani ~ Gemini Chick ~

    Oct 2, 2008
    Bryson City, NC
    My heart and prayers certainly go out to you. [​IMG] I'm so fortunate to live in a very rural area w/ plenty of other neighbors who have chickens [and horses, cows, etc]. Some thoughts on your situation: does the homeowner assoc. have any Bylaws that you could request a copy of? Seems like they're passing ordinances/laws in a very improper fashion that could very well be against their own HOA laws. Also, since this homeowener's assoc. is just starting up, you'd think that these laws would only apply to new homes & that your homes & the homes of your neighbors should be grandfathered in. One more reason to get your hands on the Bylaws or whatever the morons that are doing this to you are calling it. Talk to your local lawmakers, write your state senator [they ALWAYS help us in our w.c. case problems], contact your local tv station, go to the homes of the HOA members & start a log of the things that their home is not up to HOA standard/code - long story short, fight back with all you got! [​IMG]
     
  4. Farmer Brown

    Farmer Brown Chillin' With My Peeps

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    Raleigh, NC
    These HOA people have way too much time on there hands. I think they need some chickens!!! My sister has had a constant fight with hers.(HOA not chickens) One of the dumbest was b/c every home HAD to have a very specific/expensive type of tree of a specific size planted in what was i am sure was a very specific location. This was regardless that the time of year was less than ideal for planting trees so now said tree is a dead stick!! Stupid people!!!!! [​IMG] :thun [​IMG]
     
    Last edited: Nov 10, 2008
  5. waynesgarden

    waynesgarden Feathers of Steel

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    Well good luck with your fight and I hope you get enough signatures to free your homes from their control, but I find it a little strange that many people in the area say they didn't know about the HOA.

    It would seem that one would notice this provision when making the biggest purchase of their lives.

    Wayne
     
  6. comerrick

    comerrick Chillin' With My Peeps

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    Oh and I bet that she has to get special permission before removing said dead stick!
    Lov
    Liv
     
  7. comerrick

    comerrick Chillin' With My Peeps

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    All the 2nd and later owners were not told there was an HOA. Many asked specifically and were told there isn't one. I think because it was inactive, it got left out. Either way, it has happened.
    Lov
    Liv
     
  8. Imp

    Imp All things share the same breath- Chief Seattle

    Good Luck Comerrick,
    I read a couple months ago in the newspaper here that there is some sort of government oversite over HOAs run amuck. I didn't pay close attention, but it was something about stepping in when there were complaints from homeowners especially when money was involved. Perhaps there is something like that in your county or state.
     
  9. BeardedChick

    BeardedChick Chillin' With My Peeps

    I read your whole post and I hope you are able to fight these jerks and WIN. It's always a few rotten apples in the neighborhood that start these things, and I hope you are able to squash them flat.
     
  10. MissPrissy

    MissPrissy Overrun With Chickens Premium Member

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    Do you have a copy of the convenant that was filed at your local courthouse prior to your having purchased/built your home?
     

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