HOA Fines

[Sonoran Silkies]

Quote:
Parking issues are a big deal for a lot of HOAs. Read your state laws that govern HOAs and see what they have to say. Also, if you want to privately email a copy of your documents (assuming you have an electronic copy), I will take a look and see if I can provide any better direction or answers.

 

[denim deb]

I have no desire whatsoever to live in a house w/a HOA. But, something I got to wondering about, if they say you can only have caged birds, would an emu be ok?

 

[wpalmisano]

Quote:
Me either. Imagine telling me what I can do on my own land. You are a free person. All of us have to live by laws, but I at least get to vote for the folks that control my local zoning, and they don't want any problems. To have to abide by rules of some unelected HOA, is Unamerican. Sounds as if you live on some sort of commune. You may as well be the caged bird.......why would someone want to live like that? I don't get it. No offense intended......

 

[Sonoran Silkies]

Quote:
Me either. Imagine telling me what I can do on my own land. You are a free person. All of us have to live by laws, but I at least get to vote for the folks that control my local zoning, and they don't want any problems. To have to abide by rules of some unelected HOA, is Unamerican. Sounds as if you live on some sort of commune. You may as well be the caged bird.......why would someone want to live like that? I don't get it. No offense intended......

Once development is complete, the board IS elected, and in most HOA elections, a vote carries a LOT more weight than in most city or town elections. At any point, the CC&Rs are available for review by any prospective resident, just as city code and zoning are available to verify whether emu are allowed or not

Positive things about HOAs: amenities and facilities on the common areas that an individual is unlikly to have available, or that would require significant maintenance. HOAs can help keep property values high by preventing run-down neighborhoods.

 

[bgelber]

Quote:
I'm not sure your realtor was accurate in the legal advice he/she gave. First, look up your property's deed and see if any restrictions are listed. Check the legal description as well. If you find that the property is indeed restricted or part of an HOA, you are probably bound by the terms, but you have a cause of action against the realtor and the seller for not discovering and disclosing pertinent information. Your title insurance may also provide some level of protection as that type of information routinely comes through the whole closing process.

Deed restrictions was one of the things we checked before we bought and there where no restrictions. Plus no HOA. What we have is "rules" placed by the builders. No talk of fines just what you couldn't do, such as if you wanted an out building it had to match the exterior of your house, meaning it had to be brick. Like I said not many follow those rules.

 

[theFox]

Quote:
Parking issues are a big deal for a lot of HOAs. Read your state laws that govern HOAs and see what they have to say. Also, if you want to privately email a copy of your documents (assuming you have an electronic copy), I will take a look and see if I can provide any better direction or answers.

1: The investigators could never have determined it inoperable without breaking the law, therefor file charges against the HOA's investigators. Then have the DA name the HOA board members as accessories and have them arrested.

 

[wpalmisano]

Quote:
Me either. Imagine telling me what I can do on my own land. You are a free person. All of us have to live by laws, but I at least get to vote for the folks that control my local zoning, and they don't want any problems. To have to abide by rules of some unelected HOA, is Unamerican. Sounds as if you live on some sort of commune. You may as well be the caged bird.......why would someone want to live like that? I don't get it. No offense intended......

Once development is complete, the board IS elected, and in most HOA elections, a vote carries a LOT more weight than in most city or town elections. At any point, the CC&Rs are available for review by any prospective resident, just as city code and zoning are available to verify whether emu are allowed or not

Positive things about HOAs: amenitied and facilities on the common areas that an individual is unlikly to have available, or that would require significant maintenance. They help keep property values high by preventing run-down neighborhoods.

What you say may be true, but if you and others are worried about property values, invest in stocks. I am a free man, on my land, and if I want goats, or chickens or whatever on my land to help feed my family, then I will. While my home is an investment, and equity eventually builds, as far as investments go, if I put the same 1/4 million I paid for my home and land in a bank, bearing only 2% each year, I'd have a lot more money at the end of 30 years. Plus,when you add in property taxes and repairs I don't have to make its not even close. The point of having my own home is so I can live, for the most part, as I please. I don't want anyone telling me I can't more than 3 tomato plants, my house must be tan or white, or my Camaro project has to go and my kids need to shut up. Plus from what I gather, its usually old retired folks who have all day to snoop because they're not working. Anyway, I am not trying to insult you or anyone, I am just offering my opinion. Please don't take offense but many of us out here just don't get it.

 

[Sonoran Silkies]

Quote:
I'm not sure your realtor was accurate in the legal advice he/she gave. First, look up your property's deed and see if any restrictions are listed. Check the legal description as well. If you find that the property is indeed restricted or part of an HOA, you are probably bound by the terms, but you have a cause of action against the realtor and the seller for not discovering and disclosing pertinent information. Your title insurance may also provide some level of protection as that type of information routinely comes through the whole closing process.

Deed restrictions was one of the things we checked before we bought and there where no restrictions. Plus no HOA. What we have is "rules" placed by the builders. No talk of fines just what you couldn't do, such as if you wanted an out building it had to match the exterior of your house, meaning it had to be brick. Like I said not many follow those rules.

If there are no deed restrictions, "the rules" were not placed in zoning and no HOA was formed prior to your purchase, there is no standing for the builder/developer's rules once he has sold a property. If there is no enforcement, eventually the rules become unenforceable.

 

[Sonoran Silkies]

Quote:
Well, it probably depends on what they mean as inoperable. A vehicle up on blocks for an extended period of time is often considered inoperable. A vehicle with flat tires over a long timeframe could also be considered inoperable. My guess is that there is probably a vehicle that can be seen from the street that is rarely, if ever, moved. And that that is the cause of the complaint.

 

[CocoNUT]

Ok...the "difference" between the TWO OPTIONS: (a 'fix by' date.)
Check one: (Ver batim BTW)
* I acknowledge the violation described in your latter dated xx/xx/xxxx occurred as alleged and hereby attest that it will henceforth cease and will not recur. I further understand this acknowledgement and promise, and performance therewith, shall terminate any enforcement activity by the Association with regard to such violation.
* I acknowledge the violation described in your letter dated xx/xx/xxxx and hereby attest tha tth econdition will be corrected no later than ________ and will not recur. I further understand this acknowledgement and promise, and performance therewith, shall terminate any enforcement activity by the Association with regard to such violation.
* I dispute the violation described in your letter dated XX/XX/XXXX and hereby request a hearing before the Board of Directors.

I believe to LEGALLY declare a vehicle INOPERABLE, you must have some OBVIOUS sign it has not been moved...ie flat tires, on blocks, etc. All of our vehicles have valid registrations, up to date inspection stickers, etc. Unless they went onto our driveway and CHALKED our tires...there is NO WAY for them to know if the vehicle moved at all or not. Even if it hasn't, who are THEY to detemine if it is INOPERABLE?! What if we start it up and let it run...but never move it? Besides...the violation doesn't state WHICH vehicle had been determined to be "inoperable" or HOW it was determined to be INOPERABLE!
*Oh...I MIGHT want to mention this complaint was probably submitted by our bully of a neighbor who has a reputation of peeping out the windows and people to SEARCH for violations. If you don't kiss his butt (he's sworn at me, insulted me, screamed at me...need I go on?), he'll do whatever he can to make you "pay". As he is behind us, he can't really see what's going on on our driveway...and apparently he's totally DEAF if he can't HEAR the truck we ASSUME he's complained as 'inoperable'. He is the reason I spend as LITTLE time as possible in my own back yard, because of his outbursts and fits. (He served on the HOA board with my husband BTW). Frankly, I am DONE with his bullying and nasty tactics and REFUSE to allow him to threaten me anymore. IF he wishes to continue harassing me, we WILL take legal action...but for now...I want/am DEMANDING he PROVE his accusations! WHICH vehicle? HOW was it's operability determined? The thing that really chaps my behind is...these "investigations" occurred AFTER the point at which all of our vehicles had been playing swapity swap swap in the driveway. So HUH?!

The roads in our development are HOA-owned/maintained. Street parking is not allowed PERIOD. (Another cop parks his car in an empty lot next to his house...) People can't park in their driveways because we have very short driveways! We have no sidewalks...only ditches off the side of the streets. When people walk through out neighborhood, they basically have to walk in the middle of the street. The posted speed limit is 15 mph, average speed....65! Police can't patrol our streets/ticket violators since it's "private property".
Other than the roads...there are ABSOLUTELY NO 'common areas' to use. No playgrounds, no community center, no walking trails, no nothing really. Specifically "recreational facilities". Like I said...they collect our dues to pay for drainaige ditch mowing and snow removal. Oh...and to pay for a property management company and an attorney. We're not allowed to have YARD SALES...eventhough EVERYONE in the community has asked for them...cause the developer won't allow them.
The development does NOT turn over to the community until over 60% of the development has been finished OR 2020, whichever comes first...WITH the option of the developer to extend said turnover date.
Oh and just FYI, we were NEVER given a copy of the HOA CC&R's before we bought. We still have NEVER been given a copy of them! We were never told there was going to be an HOA, we asked. They only had a one page "sample" copy available after we purchased our home and were told by our new neighbors there was an HOA! We were also informed there weren't going to be any townhomes in our community....guess what? They're advertising them now! (you know...add-ons...protected and allowed under the CC&Rs). Small-town guys...gotta love them!
"Fines" are defined interchangeably with "assessments" in our CC&Rs. State law does not allow any fines to exceed the maximum annual assessment. Oh...and all the governing documents have all the protections for the developer and the Board...none for the residents.