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PLFXpert

Outrageous--HOA rule

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I didn't want to post this in the "Hurricane Homeless Victim" thread as that should remain what it is for.

But, the subject reminded me of something insane I heard on the radio news---a women in Ocala, FL. took in an elderly couple who lost everything to Katrina.

Their HOA had a meeting and said the couple had to leave as one of the rules of the HOA stipulated "no hosting of hurricane victims".

All the more reason why I NEVER want to be subjected to one of those:S
Paint me in a corner, but my color comes back.

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All the more reason why I NEVER want to be subjected to one of those:S



Hence why you should read them cover to cover before you get involved. Right now I (and my neighbors) am (are) having an issue with a guy that lives directly across from me. He's got a 2.5 lb yappy dog (Hercules? - No relation to Scotty's dog) that he lets out onto his deck generally at 5am prior to going to work. He will sometimes leave his slider open all day so said yappy dog can come and go as he pleases. I work out of the house and have had clients make comment of it on the phone.
I had a nice neighborly chat with the guy three weeks ago and the yapping didn't stop. I then approached the board (one of whom is my neighbor) and they sent a polite letter (certified, sig required) to him as well. Yappy dog still didn't quit. The local animal control was then called in. The first time, the guy got a freebie. Second round was a 75$ fine. He still hadn't learned so the 3rd round was a 300$ fine and a trip to court to 'splain his actions. On top of this, the HOA assesses a $30 fine per complaint (they limit to one per day) on top of what the dog catcher adds. The HOA will, after 3 months of non payment of the fines, will file liens on the property. After 6 months they begin foreclosure proceedings.
The dog/human population where I live is about 1.5/1 with dogs being the majority. The only dog I ever hear is this yappy one. Since I've been here, I've heard 2 other dogs barking, but it was a quick 'bark bark' done...
HOAs can be good. HOAs can be unreasonable in your case. You need to read the fine print before you sign on the dotted line. If you claim ignorance of the rules, that's your own fault.
------
Michael

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Ok just to make sure I am clear about this:

4 compaints x $30 = $120. HOA files liens and waits the 180 days and then starts foreclosure. That means an attorney is involved so I am sure they have "fees".

At the foreclosure I go to the auction and buy the house for $120 and "fees" let's say are $5,000. Homowner gets nothing since all sales proceeds are applied to costs. I get the home for $5,120 plus court costs and it is valued at what? $125,000? $250,000?

Homeowner is on the street with yappy, yippy Hercules, you're happy becasue yappy, yippy is gone, I have a cheap house, lawyers are happy.

In Houston, the homeowner was a woman in her 80's who didn't pay her annual HOA dues of $30. When she lost her house the lawyers "fees" were around $4,000 to send out a few letters to her. No one from the HOA ever spoke to her about the late dues.

A guy here in town bought the home for $5,000. He was a friend of the HOA board.

It was the woman's only asset.

HOA's tend to be run by over zealous nuts with nothing better to do than compare your house color with the approved paint samples. Their power comes from the lawyer's that feed off those who tend to be elderly and on marginal incomes.

Blue skies,

Jim

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HOA's tend to be run by over zealous nuts with nothing better to do than compare your house color with the approved paint samples. Their power comes from the lawyer's that feed off those who tend to be elderly and on marginal incomes.



I'll agree with this. By contrast though, the average age of the owners here is 39, most use these as a second (vacation) home (I live in a ski resort area). Due to an episode that happened here before I moved in, the attorney's pretty much drained the finances of the HOA due to a dispute originally started by a homeowner. Ultimately, the (compounded) issue was caught on video one of the non board residents. The homeowner was then countersued for the expenses incurred by the HOA. HOA won. The bank foreclosed on the property and the HOA had the first right to pick up the property. They waived the right as the (now former) homeowner had drained the coffers, lost his suit and ordered to pay full restitution to the HOA. He promptly filed for bankruptcy leaving the HOA with the full legal bill to be paid by yours truly and the rest of the residents.
One of the things that HOAs are in place for (besides comparing paint swatches) is to make sure my peace and santicty is kept. If a neighbor has a party, whatever. If they have a party every friggin night that keeps me up, then you're invading my space. Yappy dog needs to go. BTW, been putting up with yappy dog for 5 months now.
------
Michael

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...leaving the HOA with the full legal bill to be paid by yours truly and the rest of the residents.



HOA should have filed for bankruptcy too! That way the attorneys would have had to eat their bill. Residents could have created a new HOA if they wanted to.

Of course the old HOA board would have fought this since they would probably not be on the new board, thus losing all their "power" to make life miserable for the other residents.

I too have had to fight with an owner over a yippy, yappy so I understand where you are coming from. I just think it is wrong for someone to lose their house over a few dollars especially when they are elderly and sick.

Blue skies,

Jim

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HOA should have filed for bankruptcy too! That way the attorneys would have had to eat their bill. Residents could have created a new HOA if they wanted to.

Of course the old HOA board would have fought this since they would probably not be on the new board, thus losing all their "power" to make life miserable for the other residents.



In this case, the board is 100% new since the incident. The old board realized they screwed up and took the path to remove themselves from screwing anything else up. The attorney bills are paid so that's one positive at least. The current board pres. (who's house is on the market unfortunately) is a professional property manager. She's turned the future outlook around.
btw, the HOA was almost a deal breaker when I bought this place. I had a 3.5 hr conversation with the current board pres. one night to get some warm fuzzies since I wasn't getting any by looking at the numbers.

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I too have had to fight with an owner over a yippy, yappy so I understand where you are coming from. I just think it is wrong for someone to lose their house over a few dollars especially when they are elderly and sick.



I agree with you on this totally. There is the legal side and then the what's really right in this situation. Should the old lady lose her house? No. Should this dude lose his? He's employed, he pays his bills (assumed). He's got the means to fix the problem.
------
Michael

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Yes, yappy dogs need to go. Maybe this can help in the short term:

http://www.gooddeals.com/shopexd.asp_Q_id_E_101

My neighbor has a yappy dog. It's neglected, and she puts it outside without water, sometimes starting at 6am. All it does it bark nonstop to get back inside. I went through a phase where I would bite my tongue for 3 hours, then call her. All she did was yip at me. Finally called animal control and asked the officer to call her and explain the town's rules to her. This is still a work in progress.
We are all engines of karma

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HOA's tend to be run by over zealous nuts with nothing better to do than compare your house color with the approved paint samples.



When my wife and I first married, we rented a coop in New Jersey. The "HOA" required a minimum one year lease. I explicitly negotiated that out of my contract. 9 months later, when I gave my notice, the HOA claimed they were going to keep my rather large deposit. After _months_ of hassle, I discovered the owner had submitted a forged lease document that didn't have the negotiated terms (the realtor always keeps a copy of the original document). The HOA _still_ would not return my deposit. Once I had the local detectives interested in a forgery case, the owner finally returned the deposit out of his pocket, after deducting $42 for a broken plastic ice tray.

They're nothing but a den of thieves.
Caveat emptor.
We are all engines of karma

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A guy here in town bought the home for $5,000. He was a friend of the HOA board.


***

Jim~

When THAT was brought to light, as I recall the HOA member got the axe and the old woman ended up getting her house back...for the back dues owed.


But I do remember that in the news. Maybe there IS hope if stuff like that is made public?!










~ If you choke a Smurf, what color does it turn? ~

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HOA's tend to be run by over zealous nuts with nothing better to do than compare your house color with the approved paint samples. Their power comes from the lawyer's that feed off those who tend to be elderly and on marginal incomes.



I'll agree with this. By contrast though, the average age of the owners here is 39, most use these as a second (vacation) home (I live in a ski resort area). Due to an episode that happened here before I moved in, the attorney's pretty much drained the finances of the HOA due to a dispute originally started by a homeowner. Ultimately, the (compounded) issue was caught on video one of the non board residents. The homeowner was then countersued for the expenses incurred by the HOA. HOA won. The bank foreclosed on the property and the HOA had the first right to pick up the property. They waived the right as the (now former) homeowner had drained the coffers, lost his suit and ordered to pay full restitution to the HOA. He promptly filed for bankruptcy leaving the HOA with the full legal bill to be paid by yours truly and the rest of the residents.
One of the things that HOAs are in place for (besides comparing paint swatches) is to make sure my peace and santicty is kept. If a neighbor has a party, whatever. If they have a party every friggin night that keeps me up, then you're invading my space. Yappy dog needs to go. BTW, been putting up with yappy dog for 5 months now.



I had a next door neighbor in an apt in Houston once who had a noisy dog, constantly whining when she left the house and put him in the fenced in area. Apparently, the other neighbor got tired of hearing it too, late at night, went and opened the fence letting him out. Never heard from the dog again.

Only problem is, the chick that had the dog thought I did it.

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So, what if I think your kids are yappy, you can't park with a shit, your grass is the wrong color, and your choice of paint clashes with mine? Fuck HOA's. Mine says I have to mow twice a year, no mobile homes and >1500sft . . . I still hate it . . . freakin' Borg.
--
Jason
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--
Jason
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Some people never go crazy. What truly boring lives they must lead.

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