Homeowner’s Association Sues Returning Army Vet Over Backyard Swing Set

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sc5mu93

WeaselMonkey
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#21
Do you deny that HOAs can fine you for any number of things such as having your trash can out 15 minutes longer than they deem acceptable, not keeping your grass at the correct height, or painting the wrong color.
I know people who have been fined for having their trash cans 3 feet away from the spot that is dictated.
Again, anectdotes don't prove a general rule. Most of those violations, while maybe a little anal, are what the homeowner was provided notice to, and the homeowner agreed to.

Since they are not a governmental agency you have no real recourse since you signed the agreement when you purchased the home. You signed your rights to enjoy your property as you see fit away and you are essentially a tenant in your own home, not the owner. Not even the federal government at its most invasive has the rights to your property that your HOA has.
Again, HOA is a contract. Don't like the terms, don't sign it. If you didn't read the terms, then don't be surprised. Many other HOAs operate completely normally. I stand by my original statement: HOAs are not bad things or good things. They are just "things." People get all in a huff when the HOA tries to enforce compliance of the covenant against them, but those same homeowners also expect and in many cases demand, the HOA to enforce covenants against others.
 
Aug 30, 2011
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Tulsa, Oklahoma
#22
Again, anectdotes don't prove a general rule. Most of those violations, while maybe a little anal, are what the homeowner was provided notice to, and the homeowner agreed to.


Again, HOA is a contract. Don't like the terms, don't sign it. If you didn't read the terms, then don't be surprised. Many other HOAs operate completely normally. I stand by my original statement: HOAs are not bad things or good things. They are just "things." People get all in a huff when the HOA tries to enforce compliance of the covenant against them, but those same homeowners also expect and in many cases demand, the HOA to enforce covenants against others.
So what position on your HOA board do you fill?
 

sc5mu93

WeaselMonkey
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Oct 18, 2006
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#23
So what position on your HOA board do you fill?
I don't. Nor do I have the time.
I read the covenant when looking to buy my home, to determine how reasonable it was.
I follow the procedures of my HOA when implementing any changes to my home.
I have not had any incident.

An HOA is a contractual relationship. There is nothing good or bad about them. Just abide by the terms of the contract, which you agreed to, and you will more than likely be fine. Its pretty simple.

After living next to the Urban Chicken Lady, I think the trade off of the covenant is worth it.
 

Cowboy2U

Federal Marshal
Mar 31, 2008
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#24
Do you deny that HOAs can fine you for any number of things such as having your trash can out 15 minutes longer than they deem acceptable, not keeping your grass at the correct height, or painting the wrong color.
I know people who have been fined for having their trash cans 3 feet away from the spot that is dictated.
If those fines are not paid on time then the HOA can place a lien on your property and then foreclose.In some states it is actually easier for an HOA to foreclose on your property than your bank. In many states a judge is not even required. The HOA attorney places the lien on your title and then simply posts an advisement in the local paper of record. After that he is free to auction off your house. Most of the time they do this and do not push for more than the size of the lien which they have tacked on lawyers fees and filing fees and fees for having to calculate fees (seriously if you contact them for find out how much it would cost to pay off the debt they will tack on a fee.)
-a 2001 study of foreclosures in California by Sentinel Fair Housing, a homeowner advocacy group

The wonderful thing is that you are still on the hook for the mortgage since it wasnt the bank taking the home.

Furthermore since they are creditors and not debt collectors they are not subject to consumer debt protection laws.

Since they are not a governmental agency you have no real recourse since you signed the agreement when you purchased the home. You signed your rights to enjoy your property as you see fit away and you are essentially a tenant in your own home, not the owner. Not even the federal government at its most invasive has the rights to your property that your HOA has.
Huh, so the HOA can file a lien after an owner is $2,500 in arrears but the government waits until they are almost $200k in the hole. Sounds to me like the HOA is trying to limit it's losses since they realize taxpayers won't be required to bail them out like the banks are. Damned HOA's, trying to make a profit. If I have misinterpreted your point then let me know. By the way, I'm sure there are good HOAs and bad, I live with one and I've had few problems and it appears mine only works to keep all property in good shape. My dues pay for complete lawn care, new paint every two years and a new roof if weather damages it. It's certainly worth what I pay.
 

Philranger

Territorial Marshal
Oct 6, 2010
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#27
So I have a question regarding HOA membership, and here seems the place. Let's say you buy a house in a new and growing neighborhood. If you buy and own the house before an HOA is formed can the new HOA force you to join when it does form?
 

Cowboy2U

Federal Marshal
Mar 31, 2008
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#28
HOA's are for-profit entities?
They have staff so I assume they are taking a cut of everyone's dues. And maybe that wasn't the best way to say it, point was they don't just ignore non payment until it is exorbitant and the entire complex is at risk due to non payment by many. I know one owner who has not paid dues in over 2 years...they have not kicked em out but they sure as hell won't be able to sell unless they are current.
 
O

osupride97

Guest
#29
Do you deny that HOAs can fine you for any number of things such as having your trash can out 15 minutes longer than they deem acceptable, not keeping your grass at the correct height, or painting the wrong color.
I know people who have been fined for having their trash cans 3 feet away from the spot that is dictated.
If those fines are not paid on time then the HOA can place a lien on your property and then foreclose
.
So why not just abide by the bylaws and not have to worry a thing about your home being foreclosed on? All of the rules are clearly stated, in my HOA, and I would bet every other one of them. My HOA sends out warning letters first, then if you continue to disobey, you will get fined. We have several homeowners who refuse to pay their monthly dues. So, you think that's ok? The rest of us are paying, but we should pay theirs for them, in your opinion? What should we do in those cases?
 

sc5mu93

WeaselMonkey
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#30
So I have a question regarding HOA membership, and here seems the place. Let's say you buy a house in a new and growing neighborhood. If you buy and own the house before an HOA is formed can the new HOA force you to join when it does form?
That is a very interesting question. I don't know, but I don't see that HOA being that successful unless they could either compel pre-existing owners or somehow work the covenant into the next buyer. So my guess would be probably not unless they had close to 100% participation.
 
Aug 30, 2011
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Tulsa, Oklahoma
#31
So I have a question regarding HOA membership, and here seems the place. Let's say you buy a house in a new and growing neighborhood. If you buy and own the house before an HOA is formed can the new HOA force you to join when it does form?
***I am not a lawyer and am talking out of my rear end on this part ** I would think that it depends on your own unique situation. Did you sign anything when you bought the house saying that you would join an HOA if one is formed? It would probably be something called covenents, conditions and restrictions. If so you're probably HOA bound. If not I would think that you are probably in the clear. But I would advise you to contact an attorney for a consult rather than trusting anything you read on a messageboard. We are all full of :poo: here. ***Again I am not a lawyer and am talking out of my rear end on this part***
 

Philranger

Territorial Marshal
Oct 6, 2010
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#32
***I am not a lawyer and am talking out of my rear end on this part ** I would think that it depends on your own unique situation. Did you sign anything when you bought the house saying that you would join an HOA if one is formed? It would probably be something called covenents, conditions and restrictions. If so you're probably HOA bound. If not I would think that you are probably in the clear. But I would advise you to contact an attorney for a consult rather than trusting anything you read on a messageboard. We are all full of :poo: here. ***Again I am not a lawyer and am talking out of my rear end on this part***
Lol it's just a hypothetical question satisfy my curiostiy. I live in an apartment so I have worse things than an HOA running amok to worry about! OP would be the next to last place I'd go for legal advice (landthieves being the last).
 

steross

Bookface/Instagran legend
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#33
I stand by my original statement: HOAs are not bad things or good things. They are just "things."
QFT. Until someone starts trying to put HOAs in all neighborhoods or ban them from any neighborhoods what is the reason for all the strife? You know the risk and benefit before you buy with or without. HOA you risk being told that your shrubs should be 2 in number and between 2 and 3 feet high at all times. And without, you might find that your neighbor decided to install a bright yellow front yard above ground pool complete with a 12 foot purple slide inches from the property line. Your choice which is more concerning to you, as it should be.
 
Jul 12, 2004
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#34
I think the issue is also that most people would appreciate a little humanity with their jack-boots. If their 2-in-number shrubs might reproduce to be 3 or 4 and is kept tidy, then they would appreciate some leeway for a month or so. Leeway seems to be quite problematic for HOAs.
 

RxCowboy

Has no Rx for his orange obsession.
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#35
Your neighbors are somehow jack-booted Nazis? Good lord do you not understand HOAs.

No one is holding a gun at your head forcing you into a neighborhood with an HOA. And HOA's are not about jack-booted yard Nazis. They are about trying to preserve property values within the association. If "leeway" is what you want then go live somewhere without an HOA where the people don't care how much you trash your yard and destroy the value of their property. Good grief.