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View Full Version : HOA Resurection, Can they?



modette99
Mon Aug 24th, 2009, 07:36 PM
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The Black Knight
Mon Aug 24th, 2009, 07:40 PM
As far as I know HOA's have to be voted on by all or 75% of the people in the neighborhood. Thing is be careful with HOA's as they are very gestapo and if you don't get 100% buy in(which you can't now because the homes are already built) they will try and pawn off properties on other HOA's, contractors or the City.

If you can, fight it and don't accept it.

modette99
Mon Aug 24th, 2009, 07:41 PM
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modette99
Mon Aug 24th, 2009, 07:52 PM
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willb003
Mon Aug 24th, 2009, 08:29 PM
HOA sucks! in my neighborhood you get fake parking tickets just for parking in your own driveway.

rforsythe
Mon Aug 24th, 2009, 08:48 PM
My HOA had a crazy bitch who would walk around and give you shit about your lawn, driveway, and anything else she could. Then I think most of the neighbors declared mutiny and ousted her, and it's been a much nicer place ever since, though they tried to pass some restrictive rules a couple years ago - but democracy won out then too.

I say fight it, just be ready to make enemies. It's amazing how politically angry some people get over this shit.

The Black Knight
Mon Aug 24th, 2009, 08:54 PM
I plan to go to whatever meeting they setup and remind them that I bought here due to the fact there was no HOA. I also plan to email Bob when he emails me, and say the same thing...that I am not for just because there are a few bad apples. Hell Bob said he is a guy that lives here 6 months out of the year...so why the hell does he want an HOA. So in my opinion they are affecting my ability to sell my house, not everyone wants HOA's.

The guy also asked if we got a copy of the convenient when we moved in I said yes, and that we tossed them out do to it no longer existing. I also mentioned how a lot of the rules in it were stupid and silly to which he scuffed at. It was, they had a rule that said no motorcycles allowed in your driveway at anytime. Also silly rules on if the garage was opened or not.

Funny part is Bob is an offender too, he parks his RV in front of his house for weeks at a time. I'm not sure how they will get it going, I would say most of the people at least on my street are newer, and I assume they bought in and signed that same paper saying that there is NO HOA. I thought they had to have 100% of the people vote to get one going.

I guess I will have to knock on a few doors myself, and see what people think. The last paragraph is what scares me...make sit sound that without vote it will start back up.
All I know is that in the HOA that I'm in, it takes 2/3's or 75% of the people to vote to dissolve a HOA or want one put in place. Now since the HOA I'm in, only about half the people hate it and only half of them ever show to a HOA meeting, you can see it's fairly hard to get a majority to do away with the HOA.

The other sneaky thing I found out about HOA's is when they have their meetings(at least in my case). They conviniently have the HOA meeting around 5 or 6PM, when no one can attend. And they never send out letters telling folks about an upcoming meeting. So I think HOA's are pretty much BS, and like I said before. If you can, fight it and don't give in to one, you'll regret it.

modette99
Mon Aug 24th, 2009, 09:23 PM
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The Black Knight
Mon Aug 24th, 2009, 09:28 PM
Yeah, but if there is no HOA, and I signed papers when buying the houses stating such, then I would think you would need a 100% vote to start it. There has not been one for 6 years, which is what Bob told me. Well either way I'm knocking on my direct neighbors doors tomorrow to see what they think.
If you purchased your home with the understanding that there was "NO" HOA, then I don't see how they can force one on you know. Along with asking your neighbors input, I'd call an attorney and ask them some Q's to see what legal rights there are. Couldn't hurt to ask.

Geology Rocks
Mon Aug 24th, 2009, 09:54 PM
Joe

TFOGGuys
Tue Aug 25th, 2009, 08:39 AM
One word: Lawyer

It is well worth the couple of hundred bucks to get the correct legal advice, and possibly have a lawyer draft a nastygram to dissuade these people from moving forward with this, as it is very difficult to dislodge these bloodsucking busybodies once they have established their regime.

MetaLord 9
Tue Aug 25th, 2009, 08:45 AM
Don't think we have an HOA in our neighborhood, but then again, we're just renting. Fake parking tickets get paid with Monopoly money. Crazy bitches giving me shit about my yard get me giving them shit about their attitude. My house, my money, my rules. HOAs can sit & spin.

Kim-n-Dean
Tue Aug 25th, 2009, 08:50 AM
One of our requirements when we bought our house was no HOA as well. When we found the house we were told the HOA hasn't collected dues in almost two years and we would never fall under their rules if it started back up. That was ten years ago.

If I remember right, we even signed papers at closing stating that they could never include us in their HOA. We would have to agree to be included.

Wyck
Tue Aug 25th, 2009, 09:19 AM
One word: Lawyer

It is well worth the couple of hundred bucks to get the correct legal advice, and possibly have a lawyer draft a nastygram to dissuade these people from moving forward with this, as it is very difficult to dislodge these bloodsucking busybodies once they have established their regime.


+1 I would also have the lawyer draft a letter that you can provide to all of the neighbors whose doors you knock on advising them of their rights etc

rforsythe
Tue Aug 25th, 2009, 09:36 AM
I would also wonder why this guy has the supposed authority to do this in the first place. Was he part of the old HOA? Also was the old HOA dissolved, or did it just fade away?

modette99
Tue Aug 25th, 2009, 09:36 AM
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modette99
Tue Aug 25th, 2009, 09:48 AM
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DorJammer
Tue Aug 25th, 2009, 09:59 AM
as a former board member of an HOA, here's my insite.

the letter is formulated to appear it is a done deal. This tactic works well, as people do tend to follow the group (A hate the term but Sheeple pretty much covers it)

Once the homeowners assume they have no choice, and they are busy the just roll with it.

So get out with your own petition, check to make sure the people signing are actual owners (renters do not count) use the local county resources to affirm who the actual owners are (title searches are free online)

Attend all meetings, be vocal about your opposition, try and get proxy authority to vote for people who are too busy or indifferent to bother with it themselves.

Demand public notification outside of the digital format, explain that not all people have access to computers and their rights are being taken away based on the assumption that whats inexspensive for the fledgling HOA attempt is good for the community (it's not)

Be aware that HOA's are now a source of profit for many management companies and that often times it is the management company attempting to add to it's HOA inventory that may be starting this.

Be vocal, be professional, do your research

JohnEffinK
Tue Aug 25th, 2009, 10:07 AM
Having been in your neighborhood for tires - seemed to me there is no need for an HOA. Everything was maintained and clean so what can they do for you?

Fight it. A solution to a problem that does not exist.

John

CYCLE_MONKEY
Tue Aug 25th, 2009, 12:13 PM
Be aware that HOA's are now a source of profit for many management companies and that often times it is the management company attempting to add to it's HOA inventory that may be starting this.

Be vocal, be professional, do your research
Revenue collection, pure and simple. Like red light cameras and photo radar. fight it.

Pandora-11
Tue Aug 25th, 2009, 12:19 PM
HOA's can be pains in the butt...no doubt. On the other hand (playing devil's advocate here), they can remarkably positive when their rules help keep your property values high. No one will want your house if the neighbor next door has grass as high as the roof and broken down trucks in the driveway. So.....it's a balancing act.

Nick_Ninja
Tue Aug 25th, 2009, 12:21 PM
My HOA RAWKS. They leave me alone and keep the idiot student renters (and their landlords) in line.

modette99
Tue Aug 25th, 2009, 12:32 PM
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Nick_Ninja
Tue Aug 25th, 2009, 12:50 PM
All HOA's must file a form with the County Assessor's office I believe.

modette99
Tue Aug 25th, 2009, 12:50 PM
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modette99
Tue Aug 25th, 2009, 06:52 PM
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Zoom
Tue Aug 25th, 2009, 07:32 PM
Doesn't sound like you need it at all. Good job on fighting it!

I make it a point to find out about HOA's; I hate those Nazis for the most part. My old neighborhood had a nominal HOA and that's the only type of HOA I would ever be ok with. They charged like $100 a year and that paid to put flowers in the entrance island that was then taken care of on a volunteer basis, a yearly BBQ and a yearly neighborhood directory. Other than that, they left people alone. The city had enough code regulations to take care of additional crap, like overgrown yards or someone wanting to paint their house Pepto Pink with strippers outlined in neon or something.

Mental
Tue Aug 25th, 2009, 09:52 PM
Anyone who believes HOA maintain housing values is not paying attention to the housing market. Realtors consider them a liability unless they are used to maintain common areas or neighborhood common use facilities.

Right or wrong, the press they have gotten lately has made them a liability in several already hurting markets. Covnets are the new appraoch. I just spent last week house shopping and the HOAs that were there are on a crusade to change their image and undescore their job is to care for common areas, like in the example mentioned above.

Don't stop your fight here, if Bob wins this round, you can take the system down from the inside. My Dad is the treasurer for his HOA, when we visit the neighbor stopped whining about our car parked in the street. There are a lot of empty houses and between my brother, and dad they pretty much write the rules.

Most HOA meetings are run on Roberts Rules, becuase officous little twerps who run them find it an orderly way to conduct meetings and give them a smug sense of satisfaction by having a gavel.

Learn the rules;
http://www.robertsrules.com/

You can also buy the book. This is fun, show up armed with a knowledge of how the system works and you can disrupt the meetings to the piont they get nothing accomplished. Whats more is you can really make a mess if you hold a position on the board. Understand how the constitution is written. In fact, if you get elected before the rules are written, you can make sure a lot of them stay unwritten, and you have the chance to make rules too hard to change in the future, by requiring a 75% majority on constitutional matters, and allowing voting by proxy of residents or owners that aren't in attendance. If you become that proxy, you carry more votes than a single home. and you can almost single handedly defeat any measure. If you ensure that budget matters are always constitutional, you have re-crippled an organization that has no money.

modette99
Wed Aug 26th, 2009, 04:00 PM
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