Home Owners Associations

[gunrunner32]

Anyone else have to deal with these clowns?

When we moved into our neighborhood we were told we have a home owners association with a monthly fee, fair enough especially with what they were supposed to offer. My wife and I were told that they take care of the outside of the buildings. The siding, roof, landscaping, the pool, clubhouse and playground. Well since moving here 3 years ago the fee has went from $95 to $110 thanks to the jokers in GA taking over the contract.

The yards are anything but maintained. Up until this past Monday the grass out front was about 6+ inches long. The shrubbery out front hasn't seen any kind of clippers last summer...when I was home to take care of them. The mulch in the landscaping hasn't been changed/redone in about 2 years. We've had about 4 different lawn care companies in the last 3 years and each one seems to do less and less and a more horrible job than the last. We were told that the shrubbery was on us to maintain as well as the mulch.

The finish they have on the front door is faded, the front of the house faces east. We asked what needs to happen to get it refinished, we were told that it was on us, but it needs to look like the rest of the neighborhood, but still no answer on how to make the metal door with wood texture look like wood.

The deck has been on the second floor of the house since 2007 and it hasn't been treated at all. When asked who we need to contact for repairs we were told it was on us to do it since it was on the second floor. Fine by me, but I can't replace the deck with engineered wood because it would look different than the rest. Another thing, some of the planks of the deck are also part of the deck in the adjacent town homes with a privacy fence separating the 2. We were told that we had to coordinate with our neighbors if those boards needed to be repaired.

After a year and a half of having the Dish satellite, we get a notice today that since it is attached to the deck railing, like so many others in the neighborhood, it needs to be removed because the railing is there for protection from falling and to add property value. So we are being told to have it moved...nothing saying where it needs to be moved to though.

With all the stuff that is not being repaired or maintained that is supposed to be taken care of, I'm tempted to send them a bill for the cost of a pressure washer rental, the sealer, my hedge trimmer, the mulch, whatever it is going to take to refinish the door and the cost to move the dish instead of a check for the HOA fees. I remember Dad doing that when we rented an apartment as a kid, he would send the receipt for repairs to the owner with the difference for the rent, it always worked.

Anyhow enough ramblings, I'm just tired of dealing with this overpriced BS here and wondered if anyone is getting raped by these HOA clowns.

[babelt]

As I don't live in a Subdivision with a HOA, dealing with the foreclosed properties of my bank we have a few lots in HOA subdivisons in Maryville and the surrounding area. The charges are horrible and they don't have there stuff together because most of the developers that were running the HOA went bankrupt and they have changed hands and people don't have there stuff together.

[1pointofview]

as a board member in my local HOA natzi association I can tell you with a decent amount of certainty that dishes are perfectly legal frm a federal law standpoint I think. The same way HOAs may have something against flag poles but federal law says you can put up a flag on your property.

Of course devil is always in the details but from what I remember of the law, you are supposed to be allowed to place your dish were you can get a signal. there is some grey area but just never know

[Jasongar8]

I will never, EVER, move into a neighborhood with a HOA becuase of all the stories I hear like this. Until you start paying my mortgage, you or your HOA don't have the right to tell me what I can and can't do on my own property. It's all bull#### if you ask me.

Good luck with getting something worked out though.

[Guest mcgyver210]

If I had a HOA I was paying to take care of things & it was in writing I would most likely sue them in court as they would me for violating the HOA distatorship. As for dues I would speak with an attourney first before not paying that since they can & will put a lean on your property.

HOAs are almost as bad as our current out of control Government dictatorship.

Edited March 23, 2012 by mcgyver210

[midtennchip]

Well, here's the first problem with an HOA. You agreed (by buying the property) to all the restrictions in the by-laws of the HOA. Almost no one reads those before buying the property, but it is strictly a matter of agreement between owners within the subdivision.

Second problem sounds like a problem with either (i) the HOA board and/or (ii) the management company. If the management company is not doing what it should in terms of enforcing the by-laws, getting maintenance (ie: that which is covered by the HOA in the by-laws) done, hiring lawn care companies, etc., then the HOA board should be dealing with that. However, many HOA boards (like many other organizations) become dominated by a select few and, for the most part, go unchallenged. Unless you are willing to get involved in the HOA (ie: become a board member, attend meetings, stay on top of the board and/or management company), there's not a whole lot you can do.

Our HOA has its problems, too. The management company is very reactionary, sending "demand letters" out only when someone complains. So, if you have one or two neighbors who are problems, you get more "demand letters" than other people and the letters tend to be more "nit-picky" than others. My experience is that HOA management companies rarely send people out to look at properties, so they rely on either the board or complaints to dictate what they are going to enforce.

[Guest Lester Weevils]

Yep, I'd never move some place with an HOA either.

[Guest lostpass]

I'd guess this isn't just an HOA but a maintenance free property? In that they are supposed to mow your lawn, paint your house and so forth? Take care of everything outside the home more or less?

If that is the case, I'd take pics of the lawn, the door and anything else that bugs you even a little bit. Then I would pay someone to take care of these problems. Then I'd go to small claims court to recoup my costs. I'd add in the time it took me to fix the issues that they promised to take care of.

Sounds extreme I am sure but if they are unresponsive the profit line is where it will hurt them.

[gunrunner32]

I sent the property manager an email a bit ago addressing my issues with what's been going on around here.

The property is supposed to be maintenance free, that's why my wife picked out this place. I'm only usually home about 4 months total a year, so having something easy to take care of it nice with her in school full time and a 3 year old. I know I was going to end up screwing myself on certain things by getting into an area with a HOA, but they seem to be everywhere anymore.

My next house will be in the middle of nowhere, outside any city limits, no HOA and my wife can come live there if she wants.

[Karnage]

I can tell you with a decent amount of certainty that dishes are perfectly legal from a federal law standpoint I think.

My sister had the same problem with her home owners assoc. She called the FCC and they said the home owners assoc. could not tell her that she could not have a dish. FCC sends home owners assoc. a letter stating this and she provided the supporting documentation. Home owners assoc. didn't care until my sister threatened to file a suit.

The rule is part of the Telecommunications Act of 1996 (47 C.F.R. Section 1.4000)

As long as the dish is installed in an area that is in your exclusive use or control they cannot prohibit you from having a dish.

Here is the link in case you want to show your home owners assoc. http://www.fcc.gov/g...on-devices-rule

Edited March 23, 2012 by Karnage

[Reservoir Dog]

Sounds like you have a crappy HOA board, and an even crappier property management company. I live in a development with an HOA, and I like it. Both the board and the management company are very responsive to any problems, and the property is well maintained. Sorry you are having problems, hopefully you can get it straightened out with the property manager.

[subsonic]

Seriously, I'd contact some neighbors and take the temperature, see if others are as chapped as you are. Attend the HOA meetings and bitch. Then I'd go as a group to an attorney and have him send a letter to the HOA demanding the work get done, or no fees will be paid. It's amazing how effective a good $100 letter can be. I'm settling my mother's estate in Rhode Island right now, selling the condo the end of April. HOA fees are $467 a month. They're pretty good about maintaining everything, but that's just a ridiculous amount of money.

[peejman]

My subdivision has an HOA, and they're really easy to get along with. Dues are voluntary and $25/yr. I did read the HOA contract before buying the house and found nothing of great consequence. I'm also very anti-HOA but thankfully ours is very transparent.

My subdivision has a couple drainage areas and power lines that pass through. The HOA dues pay for someone to mow those areas, advertising the annual garage sale, and a few other minor things. None of the "officers" are paid. They do not get involved in disputes between neighbors.

I'm told that many years ago, there was an "HOA Nazi" who'd go around hassling people for similar (trivial) stuff to your dish issue. After being told to go f__ himself by a number of people he quit or moved (or both).

As others have said, talk to you neighbors. If they feel the same as you, go to the board meetings as a group and gang up on the board. Raise a fuss. If there's a legal contract involved and they're not holding up their end of the deal, see if an attorney can "scare them straight."

[daddyo]

I've been in the same house out in the country now since '84. I've thought several times about moving into a subdivision, but stories like this always make me think better of it.

My brother has been at war with his HOA in Kennesaw ever since he moved there. Double standards, nebulous rules, and dictator wannabees is what he has to deal with. Other than that, he loves it.

[R_Bert]

I am on the end of a street that passes through a subdivision. About 20 years ago, I built the house, and very quickly put up a ham radio tower on my hill-top lot. The HOA nazis got bad butt-hurt over it, and harrassed me, threatened suits, grumbled about me among my neighbors.

I tolerated it for about 1-1/2 yrs until getting tired of it, whereupon I pointed out that we were outside the HOA boundary by over 100 yd. The developer had never incorporated my section.

Oops. Yeah. I *had* done my homework before purchase.

I still periodically get flyers asking for HOA dues.

[mcurrier]

as a board member in my local HOA natzi association I can tell you with a decent amount of certainty that dishes are perfectly legal frm a federal law standpoint I think. The same way HOAs may have something against flag poles but federal law says you can put up a flag on your property.

Of course devil is always in the details but from what I remember of the law, you are supposed to be allowed to place your dish were you can get a signal. there is some grey area but just never know

What's your HOA stance on solar panels? Any FED laws for those? My HOA covenant doesn't mention or prohibit them specifically, and I hesitate to ask anyone for fear of tipping my hand. I guess it depends who's on the board when you want to get it approved. I'm quietly trying to get a feel for board members opinions on them before dropping the bomb and then getting shot down.

[Guest TankerHC]

I live in a SUbdivision in MS with a HOA. Bunch of idiots. 90% of the people in this Sub are over 80, no kidding, we just had two over 100 pass away in the last month. And the Sub is only 11 years old. One of the former Presidents (He was President for 5 years) is always into everyones business, he and his wife spend half the day riding around in their car making sure you are in compliance even though he doesnt have jack to say about it. Recently my wife was drying the welcome mat 3 feet from the front door, this a__wipe comes over and tells me to get my welcome mat off of my own walkway, had to send him on his way. Last month there were elections for President and Board, I didnt waste my time attending, next day 80something year old neighbor walks up and in a snotty tone of voice says "I AM THE NEW HOA PRESIDENT", I replied "SO, am I supposed to care?". The Sub is getting younger though. As the elderly die off the Realtors are bringing in young families, 6 or 7 last year, I am glad to see it because I am about tired of these HOA busy bodies.

[daddyo]

Being a busybody has absolutely nothing to do with one's age.

[LI0NSFAN]

Is this a condo type community or subdivision. I have had a couple of houses that had HOA. I have never had them maintain my yard or house. They have always taken care of the common areas. They will not do repairs or maintence on anything on your property. I would double check the contract, my guess is that the person selling you on the advantages of HOA misspoke and they don't mow your lawn or maintence. If it is in your contract you have the right not to pay the HOA fee if they are not doing the things stated in the contract. All you have to do is send a letter stating why you are not paying the fee until the contract is met in full. My mother did this and she has had a lot of success with this route.

Edited March 24, 2012 by climberscott_1999

[peejman]

What's your HOA stance on solar panels? Any FED laws for those? My HOA covenant doesn't mention or prohibit them specifically, and I hesitate to ask anyone for fear of tipping my hand. I guess it depends who's on the board when you want to get it approved. I'm quietly trying to get a feel for board members opinions on them before dropping the bomb and then getting shot down.

I've thought about the same thing. Easier to get forgiveness than permission....