Fighting HOA - anyone have any luck?

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Originally Posted by alarmguy
Originally Posted by Rmay635703
Originally Posted by alarmguy

Either way, when you buy something, know what you are buying and dont whine about it if you didnt read what you sign. More so when making a MAJOR purchase. Come on already. :eek:)


90% of HOA rules are subjective and non-binding

This in of itself makes an HOA a very questionable venture,

Further, most HOA rules are stupid and irrelevant, if your gone on vacation a week you shouldn't be mandated to do anything, a visual blemish should have nothing to do with repoing your home. The emphasis on property values has gone to ignorant levels and around here values go up and down 20-30% a year depending on local hiring rates. The beauty of the area has much less to do with steady home values unless you live on a lake but even those boom bust.
To be honest LOW property values with slow inflation is generally good for everyone but the bank, (the way things were up through the early 40's)
the trouble is we've been taught to scoop up everything we can afford to rip off people until we are out wining because prices callapsed again.

Our great grandparents had respect for other people's right to do with their property as they will.
We should still have that concept instilled
to mind your own business and everyone would likely be better off.

Given this my stance has been Hoas need to either be banned or have a list dictated at the federal level of 10 things they can make rules on removing vague or subjective from the list of possible offenses .

Certain daily activities need to be protected and off limits to hoa rules, if the hoa interferes with daily life that is a good indication that what they are doing is wrong plain and simple.

And no you shouldn't be required to abide by HOA rules that are wrong, they should not have been allowed to mandate it in the first place


Your entire post is completely wrong.
The HOA has every right to control everything that goes on in your community. Period. It is 100% "binding" and if you dont follow the rules you will be fined, if you dont pay the fine, the HOA will file a lien on your home. An HOA can even foreclose on your home and you gave permission for all of this the day you bought a home controlled by an HOA

I highlighted this because people read words like yours and take an HOA document lightly, its anything but. Its a rock solid BINDING document detailing the rules that must be followed to live in the community.


RIGHT UP FRONT before you purchase anything you are presented with the documents and rules, including the fact that the rules can change at anytime and you will be bound by them.

If you dont like it, then stay away from HOA communities.
The HOA is a democracy, run by the board who the community elects, it maintains the value of homes and no higher end community with good resale values is without one.
I wouldnt live in community without one.


This x 1000

In my slice of paradise, any new development came with a HOA. Period. The builder in my case was very upfront about that and I saw all the documents before closing. I also remember being asked to come back to the sales trailer about a month before closing to read and sign an acknowledgement to an amendment that the city imposed on the subdivison. My HOA enforces some property standards but its main function is to maintain the retention ponds and the common areas around them along with the bike path. And it's doing so at 1/3 the cost of what the city would likely impose on us if they took things over.

But 20 years in there are still peope who insist that they didn't know there was a HOA and that there are certain things on their private property that the HOA can enforce. Personally, I don't know if I'd have the guts to declare to the world that on the biggest purchase of my life, I didn't bother to find out what goes into that, but that's me.
wink.gif
 
A properly run HOA is great; and you should know the rules going in. That said, it's just another reason I'm glad my nearest neighbors live over a half mile away.
 
Originally Posted by alarmguy
The HOA has every right to control everything that goes on in your community. Period. It is 100% "binding" and if you dont follow the rules you will be fined, if you dont pay the fine, the HOA will file a lien on your home. An HOA can even foreclose on your home and you gave permission for all of this the day you bought a home controlled by an HOA

I highlighted this because people read words like yours and take an HOA document lightly, its anything but. Its a rock solid BINDING document detailing the rules that must be followed to live in the community.[/B]

RIGHT UP FRONT before you purchase anything you are presented with the documents and rules, including the fact that the rules can change at anytime and you will be bound by them.

If you dont like it, then stay away from HOA communities.
The HOA is a democracy, run by the board who the community elects, it maintains the value of homes and no higher end community with good resale values is without one.
I wouldnt live in community without one.


This is honestly some freaky stuff! You're literally signing away all of your freedoms as an American. This is like a hardcore dictatorship. What's next? Making everyone wear the same hairstyle,wear approved hoa uniforms,drive the same sheepmobiles,telling you what foods you're allowed to keep in your refrigerator and pantry,limiting the amount of air you can breathe,etc.

Where we live there are strict city codes. And the city WILL enforce them. No need for Gladys Kravitz to stop by in her golf cart (which probably isn't street legal) to shake her cane at you in anger.
 
Originally Posted by aquariuscsm
Originally Posted by alarmguy
The HOA has every right to control everything that goes on in your community. Period. It is 100% "binding" and if you dont follow the rules you will be fined, if you dont pay the fine, the HOA will file a lien on your home. An HOA can even foreclose on your home and you gave permission for all of this the day you bought a home controlled by an HOA

I highlighted this because people read words like yours and take an HOA document lightly, its anything but. Its a rock solid BINDING document detailing the rules that must be followed to live in the community.[/B]

RIGHT UP FRONT before you purchase anything you are presented with the documents and rules, including the fact that the rules can change at anytime and you will be bound by them.

If you dont like it, then stay away from HOA communities.
The HOA is a democracy, run by the board who the community elects, it maintains the value of homes and no higher end community with good resale values is without one.
I wouldnt live in community without one.


This is honestly some freaky stuff! You're literally signing away all of your freedoms as an American. This is like a hardcore communist Nazi dictatorship. What's next? Making everyone wear the same hairstyle,wear approved hoa uniforms,drive the same sheepmobiles,telling you what foods you're allowed to keep in your refrigerator and pantry,limiting the amount of air you can breathe,etc.


It's impossible to be a hardcore communist Nazi dictatorship. The Nazi's were out to destroy the communists as they also blamed them for all their problems. So either you're a communist or a Nazi, not both. This isn't quantum mechanics where you're in superposition and you can be both at the same time, you can only be one ideology at a time, especially one that's diametrically opposite, that's like Jewish Muslims or Islamic Christians.

What's next is that you can join a Jim Jones type cult, but that didn't work out too well for the former members. Not a popular thing, but think of it as evolution in action. Being in a free country also means being free to make stupid mistakes.
 
Originally Posted by Wolf359
It's impossible to be a hardcore communist Nazi dictatorship.


You are correct,I fixed it :p

My head is all spinning from this double ear infection I have. I forgot to edit and reword my original post.
 
I don't know. I don't live in an HOA, and the home values around here have been skyrocketing. Then again, I don't live in a "community" and have zero interest in one.

Then again, people around here seem to be very occupied with not giving two pieces of feces what their neighbors are doing.

Only conflicts I can remember we're over people renting out their houses for AirBnB parties. Was quickly resolved, and isn't an issue anymore. Police simply enforced the existing ordinance for noise, events, and capacity and it was fine.
 
Originally Posted by aquariuscsm
Originally Posted by alarmguy
The HOA has every right to control everything that goes on in your community. Period. It is 100% "binding" and if you dont follow the rules you will be fined, if you dont pay the fine, the HOA will file a lien on your home. An HOA can even foreclose on your home and you gave permission for all of this the day you bought a home controlled by an HOA

I highlighted this because people read words like yours and take an HOA document lightly, its anything but. Its a rock solid BINDING document detailing the rules that must be followed to live in the community.[/B]

RIGHT UP FRONT before you purchase anything you are presented with the documents and rules, including the fact that the rules can change at anytime and you will be bound by them.

If you dont like it, then stay away from HOA communities.
The HOA is a democracy, run by the board who the community elects, it maintains the value of homes and no higher end community with good resale values is without one.
I wouldnt live in community without one.


This is honestly some freaky stuff! You're literally signing away all of your freedoms as an American. This is like a hardcore dictatorship. What's next? Making everyone wear the same hairstyle,wear approved hoa uniforms,drive the same sheepmobiles,telling you what foods you're allowed to keep in your refrigerator and pantry,limiting the amount of air you can breathe,etc.

Where we live there are strict city codes. And the city WILL enforce them. No need for Gladys Kravitz to stop by in her golf cart (which probably isn't street legal) to shake her cane at you in anger.


Ummm ... you contradict yourself, you live in a place with strict city codes. Well let me tell you, with an HOA your voice is heard a lot better then any town or city as you elect the people in YOUR community to run the HOA vs an entire town or city who decides what your rules are.

What is so freaky about local community control made up of your neighbors vs. outside city control?
You dont sign away your freedoms at all, your signing up to live in a community with standards that meet your own.
The rest of your comment is made out of ignorance regarding haristyles, foods, uniforms.
 
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Originally Posted by alarmguy

What is so freaky about local community control made up of your neighbors vs. outside city control?
You dont sign away your freedoms at all, your signing up to live in a community with standards that meet your own.
The rest of your comment is made out of ignorance regarding haristyles, foods, uniforms.


I'm surprised they don't fine you for owning three motorcycles.

Or ANY motorcycles at all......
 
I've lived under three HOAs in the last 27 years and they've been fine to the extent that they're not typically defined by what you can or can't do but as a collective entity that only partially serves as an ******* filter for people who think they can do anything they want as property owners and who ostensibly understood and signed a binding agreement when they moved in. There's a not so subtle difference there. I understood the CC&Rs and the by-laws when I moved in and there's been no issue with the three HOAs I've been under being overbearing or demanding to the level that you usually see on here. It's true there are good HOAs and some that are less so...but I have to agree with the idea above that in a lot of cases, you'll get a faster and possibly better result from the HOA than you will from the city. Like a lot of things on BITOG, I'm sure the loudest opponents or the most opinionated are people that have never lived under an HOA and they'll usually have the worst anecdotal story that'll have the expectation for everyone to view it as the HOA norm. HOA-related posts are almost like "thick vs. thin lite" on here.
 
Originally Posted by alarmguy

The HOA has every right to control everything that goes on in your community. Period. It is 100% "binding" and if you dont follow the rules you will be fined

I wouldnt live in community without one.


They do not,

To put things in terms you will understand in the exaggerated absolutes you are using....

If the HOA writes a rule that requires me to murder someone to own a property there, guess what it's NON-BINDING.

Should you read terms or covenant
Of coarse as should your lawyer.
Cause who wants to fight with people who believe they can enforce rules that go against common law or other legal precedents?

But Just because some airhead writes a rule and enforces that rule does not automatically make it legal to enforce or agree to.

The trouble is fighting them costs time and money you probably lack...
when what they are doing is wrong
and in most cases you will find subjective rules are
They can be overcome with legal difficulty because they go against common law.

Hence why our former board president is facing jail time, just because most folks don't understand their true rights, neither does the HOA and many times those in government dont either but if someone does it can be bad for any of those entities when they are behaving badly

Thus if you understand this you sometimes can have an ace.

But I'm not a lawyer,
so I could never live in an HOA.

My uncle is and he tells me everyone needs a firm education in legal matters to live in today's world
And I agree.
 
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These threads get more and more hilarious....so living under an HOA is by definition an undercurrent of never ending litigation, airheads writing rules ( even if most have been in existence for 30-40 years and commonly accepted ) that can go against "common law" or "other legal precedents"....I'm not sure what that means in the context of an HOA other than these "subjective rules" likely being one-off instances that are represented as the norm....and a singular idea that HOA boards and the lawyers they consult with and write the CC&Rs / by-laws, can have a need to overreach into areas that are legally egregious to the point that they can make the CC&Rs non-binding??...and this is the norm but can be overcome with time and a 200K legal fund?? Yep, ever vigilant against what most people won't experience in a well run HOA and yet collectively define the governance of all HOAs by these instances. That's typically what I get out of these threads...
 
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https://www.google.com/amp/s/independentamericancommunities.com/hoa-lawsuits-a-reality-check/%3famp

A person in an HOA is 4x more likely to end up in a lawsuit than one who isn't

Overreach is common, but most shut up and take it because it is simply too difficult to counter.

https://www.google.com/amp/s/m.huffpost.com/us/entry/11779814/amp


"Even if a buyer is savvy enough to ask to see the By-laws of their prospective community, they may not have a "right" to since they are not "members" of the association. They are thus agreeing to a contract they haven't seen! This is a catch-22 that needs to be rectified in every state. "
 
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it might come down to such things as a definition of "overreach" among other things. The way you seem to be defining it is that this overreach is endemic when these lawsuits actually might take the form of a violation of CC&Rs, board election disputes, a denial of submitted plans that are clearly defined in the CC&Rs, capital expenditures by the board ( in both benign and questionable contexts ), ADA suits, etc. So...yeah...that 4x more likely figure might have to be framed contextually versus the average HOA homeowner who doesn't experience the kind of overreach that's being inferred. That's not to say that the potential isn't there, I'm saying that you seem to be defining the exception as the rule more than representing the reality of living under an HOA. How likely are you to sue yourself or the city if you live in a single family home not in an HOA and does that impact this '4x more likely' figure??

I'm not a particular fan of HOAs, but I've lived under three different ones for going on 30 years and I've generally found them to be fair-minded and responsive if at times annoying in certain circumstances. I'd be the first to admit it's a YMMV situation, but if they're defined by how many motorcycles you can park in a car port or next to your front door, you might define it as "emotional overreach" which apparently a good number of these HOA lawsuits are versus some action involving a subjective rule that people don't have the will or money to fight. I can only go by my experience and the experience of friends and relatives who generally know what they're getting into with an HOA...and any related conflicts are more on the innocuous side than involving a corrupt, arbitrary HOA board that lives to misappropriate funds and fine you repeatedly for something they've dreamed up with residents resigned to this situation.

BTW, I've never NOT been shown the CC&Rs to a complex I was buying into so I'm not sure if that's a regional thing or not.
 
Wasn't there a BITOG member in Denver that the HOA was on him for his cars at his house... ?

He had to get a lawyer and fight his HOA.
 
Originally Posted by Wolf359

The Nazi's were out to destroy the communists as they also blamed them for all their problems. So either you're a communist or a Nazi, not both. This isn't quantum mechanics where you're in superposition and you can be both at the same time, you can only be one ideology at a time, especially one that's diametrically opposite, that's like Jewish Muslims or Islamic Christians.

I believe you are wrong. Try to think on this subject for yourself.
 
Originally Posted by zorobabel
Originally Posted by Wolf359

The Nazi's were out to destroy the communists as they also blamed them for all their problems. So either you're a communist or a Nazi, not both. This isn't quantum mechanics where you're in superposition and you can be both at the same time, you can only be one ideology at a time, especially one that's diametrically opposite, that's like Jewish Muslims or Islamic Christians.

I believe you are wrong. Try to think on this subject for yourself.


I believe you are the one that's wrong.

Do you know your WWII history? Hitler's Mein Kampf even said he was going to destroy the communists. Stalin knew it, but was hoping that it wouldn't be for a while.

After the first world war, there was a lot of instability in Germany and at the time there were a few attempts by communists to overthrow the government. Hence the blaming of Germany's problems on communists and other groups.

"You only have to kick in the door and the whole rotten structure will come crashing down." Adolf Hitler, June 1941.
 
Originally Posted by Vuflanovsky
I've lived under three HOAs in the last 27 years and they've been fine to the extent that they're not typically defined by what you can or can't do but as a collective entity that only partially serves as an ******* filter for people who think they can do anything they want as property owners and who ostensibly understood and signed a binding agreement when they moved in. There's a not so subtle difference there. I understood the CC&Rs and the by-laws when I moved in and there's been no issue with the three HOAs I've been under being overbearing or demanding to the level that you usually see on here. It's true there are good HOAs and some that are less so...but I have to agree with the idea above that in a lot of cases, you'll get a faster and possibly better result from the HOA than you will from the city. Like a lot of things on BITOG, I'm sure the loudest opponents or the most opinionated are people that have never lived under an HOA and they'll usually have the worst anecdotal story that'll have the expectation for everyone to view it as the HOA norm. HOA-related posts are almost like "thick vs. thin lite" on here.


^^ Yup^^
The comments in here are hilarious, and stupid for me to comment any further.
People bringing up stuff they know nothing about and have no clue what they are saying. Murder comments too! *L*
HOAs do not administer law, can not interfere with Federal Law and Rights ect.

HOAs pertain to the maintenance of the property/exterior/landscaping/architecture of your home, nuisance issues (noise ect) that may interfere with your neighbors.

So lets get off the conversation of how you live, what you put in your refrigerator or keep the inside of your home.

Over and out ...
 
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You chose an HOA so good luck there. You agreed to everything they are doing when you signed the dotted line. I will never live in one, I enjoy my FREEDOM.
 
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