Goodbye chickies...one snoopy neighbor and an (often defunct) HOA letter

[Sonoran Silkies]

Quote: Generally, if a covenant has not been enforced for a period of time, it can be declared void by a court. With the way the accounting has been in your association, the assessment itself could be declared void.

Arizona statutes gives associations a lien on the homes from the get-go. You have to take it to court to collect on the lien (and if it is above a certain amount, you can foreclose on the home, or you can wait until the property sells. Generally what happens then is that any unpaid assessments are collected when the property sells. While a first mortgage has priority above HOA assessments, second mortgages are inferior, and the assessment must be paid first. In the case of a short sale, the association has to agree to let unpaid assessments remain unpaid; if they don't agree, the assessment must be paid, and that can be a deal breaker in a short sale. All of this is worth checking for your state.

One thing we do on a pretty regular basis is check the assessment rates for nearby neighborhoods, and let our membership know what a great deal they are getting. (Our assessments are less than most surrounding neighborhoods, and our amenities are significantly more than all but one other community in the city...and its monthly assessments are about double our quarterly assessment--so 6X what we pay.)

 

[jk9chicks]

Generally, if a covenant has not been enforced for a period of time, it can be declared void by a court. With the way the accounting has been in your association, the assessment itself could be declared void.

Arizona statutes gives associations a lien on the homes from the get-go. You have to take it to court to collect on the lien (and if it is above a certain amount, you can foreclose on the home, or you can wait until the property sells. Generally what happens then is that any unpaid assessments are collected when the property sells. While a first mortgage has priority above HOA assessments, second mortgages are inferior, and the assessment must be paid first. In the case of a short sale, the association has to agree to let unpaid assessments remain unpaid; if they don't agree, the assessment must be paid, and that can be a deal breaker in a short sale. All of this is worth checking for your state.

One thing we do on a pretty regular basis is check the assessment rates for nearby neighborhoods, and let our membership know what a great deal they are getting. (Our assessments are less than most surrounding neighborhoods, and our amenities are significantly more than all but one other community in the city...and its monthly assessments are about double our quarterly assessment--so 6X what we pay.)

thanks so much....our dues are $50/year with no special assessments so far.
Our main expenses are 3 street lights, a post office box and reimbursements for the board (if they send letter out), and occasionally dead tree removal.

I have friends who live a few miles from us. Their dues are $75 a year. They have two tennis courts, a baseball diamond and huge field, and the grass on easements gets mowed regularly...

They have it together...even have a website to address concerns.

I will have to find out about a few more...

Speaking of...
HAhahahaha, I asked a friend/acquaintance, who lives just outside the border of our association, if she had any CCRs and bylaws. She laughed and said she didn't, thankfully, but that someone from our association tried to tell her neighbor, who lives even further away from our HOA, that they needed to comply about something in our CCRs. Luckily they knew they weren't a part of the association, but now I really want to know what it was! I might go talk to some of our extended neighbors!

 

[Sonoran Silkies]

Quote: Quite frankly, it sounds like gifting the common areas to your city and getting rid of the HOA is probably simpliest. Doesn't sound like you hve any amenities (tennis courts, etc.) to protect.

The idea of telling foks outside the association they have to comply with your CC&Rs is laughable...how could they not know that the property was not in the association boundaries; indeed was well outside of them? And I assume from the way it was said, it was someone on the board?

 

[jk9chicks]

Quite frankly, it sounds like gifting the common areas to your city and getting rid of the HOA is probably simpliest. Doesn't sound like you hve any amenities (tennis courts, etc.) to protect.

The idea of telling foks outside the association they have to comply with your CC&Rs is laughable...how could they not know that the property was not in the association boundaries; indeed was well outside of them? And I assume from the way it was said, it was someone on the board?

I am assuming it was the same neighbor that doesnt like our chickies...
In talking to another neighbor, he came and watched them as they replaced their windows. He told them the trim they picked was ugly and they should change it. She laughed at him and her husband had to remind her to be nice....they didn't change the trim.
The houses up the street that are not a part of the association are in a little from the street....He would have had to be LOOKING for something to complain about. Which is nuts.
I think he knew it wasn't but thought by just saying it they would comply.
After all, these same people think insulting people will help them agree with you...

My other neighbors are suggesting things like chicken noise soundtracks...cockadoodle alarm clocks and/or gettting a big (barking) dog (no way!)
I laugh, but remind them I am TRYING not to think about being mean back.
And no, I don't even want to "turn him in" for ALWAYS not having his dog on a leash...(which was pointed out to me by a neighbor in response to him telling us we were "breaking the law")
I have already thought of having a little kid party in my yard and playing games in which you make loud animal noises to find a match.

BAH-GAWK!!!
I MUST STOP THINKING THAT STUFF!!!
Even though I can't help but be annoyed, I don't need to BE annoying back.

In the meantime, I am trying to think of what pets I can have....

We have been stressed out because of all of this and Hubby told me this morning he actually wants to give up on the idea of having chickies...he doesn't want to put the time into amending, Doesn't think it's worth it.
Even if we get a majority, we would still have a few mad neighbors.
I'm glad I (anf the kids) got to enjoy them for the few weeks we had them....even if we only got half way to laying (I laugh because I don't want to cry).
Time to move on I guess....put the chickie books on the shelf for a little while. (I am not convince my hubby wants this to be the end, he just doesn't like seeing/having me stressed).

 

[Sonoran Silkies]

Quote:

I do think you should keep in mind commenting (to him) about his dog being off leash against the rules for the next time he insults you or someone else

Give him a friendly taste of his own medicine without actually reporting him. So you get to have fun AND be the bigger person. I hope things change for you and you get to have your birds again.

You could get a parrot--they are commonly kept pets--make sure to get one that spent some tine in a home that had roosters.

 

[jk9chicks]

I do think you should keep in mind commenting (to him) about his dog being off leash against the rules for the next time he insults you or someone else

Give him a friendly taste of his own medicine without actually reporting him. So you get to have fun AND be the bigger person. I hope things change for you and you get to have your birds again.

You could get a parrot--they are commonly kept pets--make sure to get one that spent some tine in a home that had roosters.

a parrot! Ha! that is a GREAT idea!

Thank you....so very much.

 

[Doc1]

This may be a little late but one thing you need to find out . Have they allowed other violations no matter how minor
Anything that is against the rules and has been allowed works in your favor
This shows they are not a consistent enforcement and they are playing pick and chose with the rules
You have to see if you are changing bylaws or deed restrictions .The rule for changing either is vastly different
If they have been banned then they can't vote
Be sure the HOA is within the guidelines of what they are legally allowed to do . The rules for an HOA are regulated by the size( population ) of the county it is in
or in most states
Run for the board and get others that agree with you to run and then make a push to change the rules

 

[Iamgerbear]

My daughter sits on a HOA board in Illinois. They were having a 'problem' with a neighbor and the board's lawyer told them that all the agreements in the world don't hold up in court. The best they could hope for was that the guy would buckle under pressure. It turns out this is still a free country (sometimes). It might have been worth a visit to a lawyer, if you know a "good" one.

 

[jk9chicks]

This may be a little late but one thing you need to find out . Have they allowed other violations no matter how minor
Anything that is against the rules and has been allowed works in your favor
This shows they are not a consistent enforcement and they are playing pick and chose with the rules
You have to see if you are changing bylaws or deed restrictions .The rule for changing either is vastly different
If they have been banned then they can't vote
Be sure the HOA is within the guidelines of what they are legally allowed to do . The rules for an HOA are regulated by the size( population ) of the county it is in
or in most states
Run for the board and get others that agree with you to run and then make a push to change the rules

They don't enforce anything....unless someone makes a stink...they are just trying to be nice/lazy? I guess?
They raised dues to cover cost because half the homeowners aren't paying! and they talk about liens, but never follow through.
I am making a list of attorney questions to ask.
I'm not sure they have the power to enforce anything anymore.
I will not run for the board...the whole thing needs to either start over or dissolve IMO

 

[jk9chicks]

My daughter sits on a HOA board in Illinois. They were having a 'problem' with a neighbor and the board's lawyer told them that all the agreements in the world don't hold up in court. The best they could hope for was that the guy would buckle under pressure. It turns out this is still a free country (sometimes). It might have been worth a visit to a lawyer, if you know a "good" one.

You think we should call their bluff? I've thought of that too, but we don't have the time, money, or energy to deal with any of this right now. It's just not worth it.
And I know many of my neighbors would back me up, they've told me so....but forcing the issue ruins it for me. As I can't live my life wondering if my one crazy neighbor is sneaking into my yard.
And honestly, I am scared of the dude. He might try to take things into his own hands (if you know what I mean). It is not worth that stress to me.