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(MSN)   "You sold my house for $288 in HOA fees?" "Well, maybe if you bothered to open one of the 30 notices we'd sent you or read the contract you signed when you bought the house, you wouldn't have this problem"   (news.msn.com) divider line 308
    More: Followup, HOA, homeowners associations, debt settlement, Community Associations Institute, fees  
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16760 clicks; posted to Main » on 08 Jan 2014 at 9:25 PM (33 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-01-09 12:42:31 AM

TWX: That's not true. If it were, TV and radio stations could put up repeaters wherever they could buy or lease land. And that doesn't begin to address the FAA altitude rules.



Read up on OTARD. Basically any consumer/hobbyist antenna is perfectly fine, as long as it otherwise falls within the FAA rules (199 feet).
 
2014-01-09 12:50:23 AM

rewind2846: TOSViolation: If your neighbors can give you a compelling, logical reason for why you shouldn't do something on your property, the appropriate response is not, "To[sic] bad."

That's the problem... there is no "compelling, logical reason" unless that reason involves the potential destruction of other peoples' property. "Don't set your house on fire because the one next door might burn down" is a good example. "Don't let your grass get dry in a farking drought because we don't like the way it looks" is not.  If you're not paying my mortgage, and you're not a city, town state or federal official that I have given permission and power to over such matters, you can just jump up your own ass and suffocate.

I work hard for my money.
That money is used to pay my mortgage.
"My neighbors" are in no way involved with that transaction.
Therefore, they have no say in what I do with what I bought.
That is all.


I'll give you a few examples:

1) You want to build a treehouse where it is overlooking your neighbor's swimming pool in such a way that kids will feel tempted to try to jump from it into your neighbor's pool.
2) You want to put up a baseball diamond in your yard where the balls will be hit in the direction of your neighbors' houses.
3) You want to plant stupid trees with branches that hang down (like weeping willow), along the property line, that will grow out over your neighbors' yards, causing a nuisance.
4) You want to put up a shiatty fence in your backyard.  Sure, you can put up a fence, but there may be standards of decency and quality of construction.  Maybe a chain-link fence isn't ok, but a wooden plank one is.

There are often cases of HOAs not telling you that you can't do something, but advising you on how to do it in a neighborly way.
 
2014-01-09 12:53:14 AM

MNMarkPW: cuzsis: drumhellar: cuzsis: Also, how the fark can they legally take a home worth $120,000 for $288?

Seems like they owe her $119,712...

They don't keep all the money - just the fine + the cost of forcing a foreclosure. Of course, if she had a mortgage to pay, the rest of the money would go to the bank to pay the mortgage. Since the house is usually sold at auction for a lot less than it's worth, the former owner is on the hook for the remainder. In her case, it's $30,000.

Agreeing to sell the house for less than it was worth is their problem/stupidity. It doesn't change what the house was worth as an asset to both the bank the homeowner. And that was made by a professional assessment by the county and/or bank when she bought the house. This means they essentially "stole" money from her. And it was a hell of a lot more than $288.

Perhaps she can sell their houses now?

 It would be like if someone took your car, sold it for $12 and gave you the $12 as "payment" for the car. Pretty sure you'd throw their ass in jail for felonious theft, yes?

 /I'm not saying the home owner isn't stupid, she definitely is, but in this case the HOA is the greater of the two....by a lot.

Try not paying your car payment and see what happens.


But the insurance company doesn't repo and sell your car if you don't pay your insurance. HOA should be able to lien but not seize and sell.
 
2014-01-09 12:55:15 AM
It's gonna be real funny when these mortgages get paid off in 10-15 years.
"Here's a fine for not cutting your grass."
"That's nice. What are you going to do about it?"
"For--"
"No mortgage to foreclose on. So, fark you, asshole."
 
2014-01-09 12:58:47 AM

TOSViolation: rewind2846: TOSViolation: If your neighbors can give you a compelling, logical reason for why you shouldn't do something on your property, the appropriate response is not, "To[sic] bad."

That's the problem... there is no "compelling, logical reason" unless that reason involves the potential destruction of other peoples' property. "Don't set your house on fire because the one next door might burn down" is a good example. "Don't let your grass get dry in a farking drought because we don't like the way it looks" is not.  If you're not paying my mortgage, and you're not a city, town state or federal official that I have given permission and power to over such matters, you can just jump up your own ass and suffocate.

I work hard for my money.
That money is used to pay my mortgage.
"My neighbors" are in no way involved with that transaction.
Therefore, they have no say in what I do with what I bought.
That is all.

I'll give you a few examples:

1) You want to build a treehouse where it is overlooking your neighbor's swimming pool in such a way that kids will feel tempted to try to jump from it into your neighbor's pool.
2) You want to put up a baseball diamond in your yard where the balls will be hit in the direction of your neighbors' houses.
3) You want to plant stupid trees with branches that hang down (like weeping willow), along the property line, that will grow out over your neighbors' yards, causing a nuisance.
4) You want to put up a shiatty fence in your backyard.  Sure, you can put up a fence, but there may be standards of decency and quality of construction.  Maybe a chain-link fence isn't ok, but a wooden plank one is.

There are often cases of HOAs not telling you that you can't do something, but advising you on how to do it in a neighborly way.


1st t have to be some small property for a treehouse close enough for a kid to jump form it to a pool in the next yard over.
2nd.  this one maybe.  then agian kids just playing ball without a diamond can do this so not much difference.
3rd. ohh well to bad If I want x tree along the property line to block view then as long as the start/town laws say I can thats what i am going have.
4th  see answer for number 3.

as stated if its my property what gives you as my neighbore the right to say what I can and can't do on.
 
2014-01-09 01:01:22 AM

TOSViolation: I'll give you a few examples:

1) You want to build a treehouse where it is overlooking your neighbor's swimming pool in such a way that kids will feel tempted to try to jump from it into your neighbor's pool.
2) You want to put up a baseball diamond in your yard where the balls will be hit in the direction of your neighbors' houses.
3) You want to plant stupid trees with branches that hang down (like weeping willow), along the property line, that will grow out over your neighbors' yards, causing a nuisance.
4) You want to put up a shiatty fence in your backyard.  Sure, you can put up a fence, but there may be standards of decency and quality of construction.  Maybe a chain-link fence isn't ok, but a wooden plank one is.


Assuming you're speaking as the neighbor:
1) Build a fence.
2) If the problem continues, call the police for vandalism/destruction of property.
3) In many jurisdictions you can cut back limbs, and even whole trees, that hang over your property.
4) Your town/county building code already has restrictions on what kind of fence can be built.

Looks like the existing government rules take care of all four problems, why pay a bunch of mall-cop-wannabes to do the same job?
 
2014-01-09 01:10:54 AM
since my hoa fees are almost $600/mo, i have no sympathy.

why couldn't some freaking numbnut from the farking, office knowing that some lady would lose their home over <$300, go over there and tell the dang lady she was gonna lose her home? hell, i would have paid the fooking bill for karma points.

because there is no god.
 
2014-01-09 01:17:09 AM

TOSViolation: in a neighborly way


you mean the ones that violate the TOS and end in a house being sold for 288 bucks ?
yea... remind everyone not to be your neighbour.

TOS Violations can be extremely offensive when the are responded to with ruthlessness.
 
2014-01-09 01:18:16 AM

starsrift: It's gonna be real funny when these mortgages get paid off in 10-15 years.
"Here's a fine for not cutting your grass."
"That's nice. What are you going to do about it?"
"For--"
"No mortgage to foreclose on. So, fark you, asshole."


It is not that simple, the mortgage is not their only hold.

Refer TOS Violations.
 
2014-01-09 01:20:05 AM

Popular Opinion: since my hoa fees are almost $600/mo, i have no sympathy.

why couldn't some freaking numbnut from the farking, office knowing that some lady would lose their home over <$300, go over there and tell the dang lady she was gonna lose her home? hell, i would have paid the fooking bill for karma points.

because there is no god.


$600 a month??? Good lord, please tell me they mow your yard, pick up the leaves, babysit the kids, listen to your wife nag, and provide you with hookers and blow on your birthday.
 
2014-01-09 01:21:04 AM

Caffienatedjedi: For the land of the free, we certainly love forcing bullshiat rules and costs on people.

Fark HOAS, ruined rural living for me. I could of had a pony!


There is a "neighborhood" behind my parents house that is supposed to be really green but the rules go so far that many "green" things are even banned. Plus, they do stupid things like making you pay for 7 acres of land but 6 of those are "community land". Houses are spring up left and right in the area but this one small area has the same 2 houses and a dozen empty lots it has had for the last few years.
 
2014-01-09 01:32:06 AM

Mark Ratner: Popular Opinion: since my hoa fees are almost $600/mo, i have no sympathy.

why couldn't some freaking numbnut from the farking, office knowing that some lady would lose their home over <$300, go over there and tell the dang lady she was gonna lose her home? hell, i would have paid the fooking bill for karma points.

because there is no god.

$600 a month??? Good lord, please tell me they mow your yard, pick up the leaves, babysit the kids, listen to your wife nag, and provide you with hookers and blow on your birthday.


I had a condo I sold in 2005, bought in 2000 (pre construction).  HOA fees went from $126 (at closing) to $455 per month by the time I sold.  In that time there were three, yes THREE 'special assessments'.  The first was a measly $1,500 about a year and a half after moving in, claiming for gate repairs.  The second was $4,000.  The builder had managed to skirt code and get permits/certifications that were unsafe and had to repaired immediately, about 3 years in.   The last was $2,500 for the lawyer fees to sue the builder for said violations, this happened as I was selling.  Mind you, portion of the legal letter mentioned that the recuperated moneys would NOT be distributed back to the unit owners per the HOA contract.  The moneys would be added to the ongoing general management fund.

Someone was fined for having a wreath on their door.

/tl;dr
//csb
 
2014-01-09 01:36:21 AM

the ha ha guy: poot_rootbeer: Get a better lawyer. If there's an ongoing deed dispute, those dues amounts should be going into escrow to be released to the appropriate party upon resolution, not direct to the opposing party.


The "final word" of the judge was that because the dues go to ongoing maintenance, the dues are to be made available for immediate use. My lawyer tried to speak up, but the judge said I was "lucky" to get the property back at all, so we decided to play it safe and let the land remain under HOA rule until the appeal, as opposed to letting the HOA retain full ownership for the next few years while they demolish everything on that part of the property and attempt to expand their borders even more.


Something tells me the developer, judge, and probably county sheriff all belong to the same golf club and bang the same whores.
 
2014-01-09 01:36:40 AM

Mark Ratner: Popular Opinion: since my hoa fees are almost $600/mo, i have no sympathy.

why couldn't some freaking numbnut from the farking, office knowing that some lady would lose their home over <$300, go over there and tell the dang lady she was gonna lose her home? hell, i would have paid the fooking bill for karma points.

because there is no god.

$600 a month??? Good lord, please tell me they mow your yard, pick up the leaves, babysit the kids, listen to your wife nag, and provide you with hookers and blow on your birthday.


well, it's a marina, with pools...guarded gate and security roaming around blah blah blah, and they are renovating the common areas.

/i'm not richie rich, but i figured property on the water was a safe investment, because no matter what, there is somebody with enough money to afford a place where he can walk out his front door, down a path and get in his boat.
 
2014-01-09 01:44:00 AM
img.fark.net

HOAs are evil, and if you join one and don't pay the fees then you are doubly stupid and deserve what you get.
 
2014-01-09 01:44:23 AM

Gyrfalcon: you are a puppet: ReapTheChaos: I don't give a shiat what a contract says, an HOA should not be able to foreclose on any home for any reason. They can take the person to court and garnish their wages if necessary, but taking their home is simply farked up.

Agreed. Place a farking lien on it you shiatbags

(That's where foreclosure starts. Then if the homeowner continues to ignore them, they may collect the judgement.)


Bull. Failure to pay HOA fees should never result in a foreclosure. Period. Put a lien on the house to get what's owed plus service and attys fees, suspend services and privileges (ie 'don't pay your fees, we won't clear your driveway of snow and turn in your pool key), sure. But an HOA should NEVER have the right to foreclose. Its absurd.

Hypothetical house worth 500k, homeowners a douche and doesn't pay the $100 a month for a year. How the hell does that warrant taking possession on the house and screwing the owner out of 498.8k?

Its even worse if there's a dispute between the owner and the HOA, ie the HOA does bollocks for the neighborhood but charges $100/Mo anyway. I heard of folks not paying out of protest then having liens or foreclosures issued against them. Or the HOA decides your grass is .25" too tall, or no you can't park your Cadillac in the driveway, it upsets the pearl clutchers.

No way that should warrant eviction or foreclosure.

//most HOAs are a scourge. Some are legit and do well by their tenants. Others are a power trip for fascists and neo Nazis getting back at all those who didn't 'respect' them in grade school.
///Forcing me to use a shiatty ISP because that's who the developer locked into a contract with years before I buy the house?
///(almost happened. Walked away from the sale because of it.). No thanks.
 
2014-01-09 01:48:10 AM

Charlie Crews' Zen Master: Hypothetical house worth 500k, homeowners a douche and doesn't pay the $100 a month for a year. How the hell does that warrant taking possession on the house and screwing the owner out of 498.8k?


It doesn't work that way.
 
2014-01-09 01:49:58 AM

stuffy: Hate to agree with an HOA but she had plenty of notice. She just chose to ignore them.


I dont care how much you love HOAs or like to defend the rules, there is no excuse not to knock on her door.

you live RIGHT THERE.

this is serious stuff.

/ not saying they didnt have the legal right, but i AM saying they have the moral obligation.
 
2014-01-09 01:51:29 AM

itsaidwhat: I'm all in favor of sending shi??y neighbors packing. You would too if you'd ever suffered a shi$$y neighbor.

It's a good system when used properly. The comunity polices itself and has a method to drive away the worst elements.

Places like Detroit would be better off if the animals livjng there were capable of such self social regulation. They aren't so they devolve to ruin and then blame those that won't give them more to waste.

/that is all.


Also, they're black, amirite?  I mean really, could they not have the decency to not be black at least?
 
2014-01-09 02:01:05 AM
Hell, personally, if she couldnt be reached, I might find a moral obligation to "loan" her the money and pay it myself if she were about to have her home sold out from under her.

/ wonders if they "sold it" to themselves.
// of course if I go talk to her and she refuses to pay, all bets are off.
 
2014-01-09 02:03:57 AM

I sound fat: / not saying they didnt have the legal right, but i AM saying they have the moral obligation.


Much like being responsible for your personal obligations?
 
2014-01-09 02:28:22 AM

jtown: She refused to pay $4/month?  Why?  I've never heard of an HOA with fees that low.

And, though the article fails to mention it, I assume the HOA sold the house, took their money, settled the mortgage, and sent her a check with the balance of the money so she should at least have her equity back.

I can understand why nobody will giver her a loan now.  They know she'll ignore notices and warnings until they have no choice but to activate the nuclear clause of their contract with her.


they make their money back on the flip side (dirtbag mini hitlers)
 
2014-01-09 02:42:46 AM
I will give a nickel to anyone who can prove that they read every single word of the 35 pages of documents you have to sign to buy/refinance a house.
 
2014-01-09 02:44:55 AM
That's it! I've decided. If I move, it will be someplace where I can get 5 acres of land and plunk my house right in the middle.

Some folks I know did that around here and keep the edges of their property thickly overgrown and wooded to act as a privacy barrier. Basically they live on a square made up of 5 acres and the house sits on one acre alone in the middle. Only the acre the house sits on is landscaped. Plus, their property taxes are low because they bought the land and built the home over 50 years ago.

No HOA to worry about. No neighbors clustered so close that you can hear it when they fart. A nice, thick wild buffer to cut down on traffic noise and the sight of cars passing by.
 
2014-01-09 03:20:39 AM
I'm completely fine living in the city without an HOA.

But different strokes for different folks.  I'm totally cool with the neighbors, even if one raises chickens, another seems to have some sort of native prairie planting for the front yard, and a third has some sort of Tardis art installation in their front lawn.

I could see how some people disagree with this though.  So let them have their manicured communities where the mundane is strictly enforced, and I'll have my community, a little bit more on the unconventional side.

Of course, I'll still laugh when the association goes on a power trip.
 
2014-01-09 03:55:23 AM
HOA's are for assholes and people who want to put up with assholes. Not an asshole? don't buy an HOA house.
 
2014-01-09 03:59:24 AM

viscountalpha: HOA's are for assholes and people who want to put up with assholes. Not an asshole? don't buy an HOA house.


More and more that is slowly becoming an impossibility in the United States. Some day somebody is going to exercise a second amendment solution to their HOA and not one person will give a shirt.
 
2014-01-09 04:11:51 AM

Shadi: drumhellar: They don't keep all the money - just the fine + the cost of forcing a foreclosure.

this. fark has been flooded with too many uneducated people lately. they have no understanding of basic civil law.


lately?  hell, the two posts above mine show nothing but complete ignorance and bandwagon loathe.
 
2014-01-09 04:15:50 AM

viscountalpha: HOA's are for assholes and people who want to put up with assholes. Not an asshole? don't buy an HOA house.


 If you can't afford a single family home, or want to live in downtown area, you don't have much of a choice if you want to buy real estate.

If you own a single family home, most HOA's are fairly benign. The article is a really a reflection of the recession, and the difficulty in financing common goods when people don't have money. In this case, it was extreme for the HOA to foreclose, but it was also stupidity for the woman to blithely dismiss her obligations. I would blow this out of proportion. YMMV.

I grew up in Irvine, CA. The entire city is basically an HOA in the guise of a local government owned by the Irvine Company. In spite of that, people clamor for homes in Irvine. The key here is that Irvine did not shirk its duty in providing local services by promoting HOA's. The locals fund their government for city provided services. Expensive place to live.
 
2014-01-09 05:05:34 AM
It doesn't matter if you don't use the pool etc.  The agreement you have with the HOA means you pay.  The money can also goes to roof repair which is what I'm dealing with.  300 every a month increase in order to fix, per voted agreement. We could have stuck with the ones we have, and watch roof tiles periodically punch through people's car windows, or just crack them whenever a severe storm hits.  That's always a fun neighborhood activity to watch.

On the other hand. Selling the house out from under someone is a dick move.
 
2014-01-09 05:06:13 AM

cwolf20: It doesn't matter if you don't use the pool etc.  The agreement you have with the HOA means you pay.  The money can also goes to roof repair which is what I'm dealing with.  300 every a month increase in order to fix, per voted agreement. We could have stuck with the ones we have, and watch roof tiles periodically punch through people's car windows, or just crack them whenever a severe storm hits.  That's always a fun neighborhood activity to watch.

On the other hand. Selling the house out from under someone is a dick move.


3 months. not a month, stupid keyboard
 
2014-01-09 05:28:49 AM

Caffienatedjedi: TinyFist: Caffienatedjedi: For the land of the free, we certainly love forcing bullshiat rules and costs on people.

Fark HOAS, ruined rural living for me. I could've had a pony!

*twitch*

Ah man, I'm a derp. Long day. FTFM


Minus while hop onto the grammer Nazi troll bandwagen
 
2014-01-09 05:45:44 AM
Foreclosures on delinquent properties by homeowner associations were almost unheard of before the financial crisis of 2008. Now lawyers and real estate researchers say they are becoming more common as association funding bases shrink because of previously foreclosed homes standing empty.

...does that seem ultimately self-defeating to anyone else?  "We're taking in less money because a bunch of homes were foreclosed on and are now empty, thus generating no revenue.  To make up the shortfall, let's foreclose on the homes that are still occupied but delinquent, so that they will also end up standing empty and generating no revenue!"
 
2014-01-09 06:03:03 AM

Lachwen: Foreclosures on delinquent properties by homeowner associations were almost unheard of before the financial crisis of 2008. Now lawyers and real estate researchers say they are becoming more common as association funding bases shrink because of previously foreclosed homes standing empty.

...does that seem ultimately self-defeating to anyone else?  "We're taking in less money because a bunch of homes were foreclosed on and are now empty, thus generating no revenue.  To make up the shortfall, let's foreclose on the homes that are still occupied but delinquent, so that they will also end up standing empty and generating no revenue!"


The new property owner is required to pay the HOA dues. So revenue is generated, whether it is vacant or not.  The HOA foreclosed on the house, to force a deliquent non-paying owner out, replacing them with a paying (perhaps non-occupant) owner. So no, your logic fails.

While I do think that a lien or other means of collecting would have been a better course of action, the bandwagon loathe for HOAs on FARK is truly indicative of the basement dwelling, video game playing adult-child demographic. Seriously, HOAs of suburbia are merely a replacement of what townships, municipalities and other cities would normally provide in services, usually paid for by town/city taxes.  I don't pay city tax, because I don't live in a city.  I pay HOA dues for the same services.  That's it.  And it works.  And we have volunteer fire/rescue to curb costs as well.

Ignorant Farks you are.
 
2014-01-09 07:29:26 AM

Shadi: drumhellar: They don't keep all the money - just the fine + the cost of forcing a foreclosure.

this. fark has been flooded with too many uneducated people lately. they have no understanding of basic civil law.


We're not civil!

/this also isn't findlaw.  GFY.
 
2014-01-09 08:20:02 AM

EffervescingElephant: foxyshadis: EffervescingElephant: Maybe one of you Farkers with a GED in law can help me with this one - my girlfriend has a similar situation, the HOA is in the process of placing a lien on her property because of some missed payments...

She is recently divorced and moved into one of her rental properties, she notified the HOA that she was moving in there, and asked them in writing to send all correspondence to the new address, that she going through a divorce and didnt want any mail going to an ex-husband.

She missed a few payments and they tacked a notice on the door with the lien notice and the attorney representing them...the back payments are only a few hundred bucks, but the attorneys want over 3,500 in fees.

They sent all correspondence/notices to her old address, even after being told not to...is there anything she can do to fight it?

Both of you talk to a property lawyer. Now. You don't have to hire him yet (that'll be a butt-ton of cash too) but get a consultation and he'll likely give you a few pointers on all the little things you don't know about your state's rules, where to look in your agreements, how to do things from here on out, and how to make a settlement offer for the original amount to make them more likely to accept it. He might offer to type up and send the settlement offer + threat of lawsuit if it's not accepted on his letterhead for a nominal fee, which usually gets things done a lot faster than trying to convince them that you poor average folk mean business.


Thanks, yea I'm going to call someone tomorrow. It's that butt-ton of cash that is daunting. Seemed like it was robbing Peter to pay Paul. Maybe someone can help us and save at least a little money in the process...thanks again


Did your GF give verbal or written notice? If verbal, then it could be a he said/she said situation if the HOA rep who received her notice is not cooperating. File a change of address notice with the Post Office? Any notices from the HOA should have been sent by mail and should have been delivered to her.
 
2014-01-09 08:39:18 AM
You chose to live with this kind of bs. No one made you.
 
2014-01-09 08:39:41 AM

EffervescingElephant: Maybe one of you Farkers with a GED in law can help me with this one - my girlfriend has a similar situation, the HOA is in the process of placing a lien on her property because of some missed payments...

She is recently divorced and moved into one of her rental properties, she notified the HOA that she was moving in there, and asked them in writing to send all correspondence to the new address, that she going through a divorce and didnt want any mail going to an ex-husband.

She missed a few payments and they tacked a notice on the door with the lien notice and the attorney representing them...the back payments are only a few hundred bucks, but the attorneys want over 3,500 in fees.

They sent all correspondence/notices to her old address, even after being told not to...is there anything she can do to fight it?


Probably nothing that cost less than the $3,500
 
2014-01-09 08:51:24 AM

rikkitikkitavi: The new property owner is required to pay the HOA dues. So revenue is generated, whether it is vacant or not. The HOA foreclosed on the house, to force a deliquent non-paying owner out, replacing them with a paying (perhaps non-occupant) owner. So no, your logic fails.


If the HOA forecloses, then the HOA is the new owner. They pay themselves dues? How does that make them money?
 
2014-01-09 08:56:12 AM

Shadi: drumhellar: They don't keep all the money - just the fine + the cost of forcing a foreclosure.

this. fark has been flooded with too many uneducated people lately. they have no understanding of basic civil law.


I wonder how many of them come here to cast great aspersions upon the balance of the users here, on some point of minutiae, and thereby cast a broad swatch of self importance regarding their obviously superior intellectual acuity.
 
2014-01-09 08:57:41 AM

TOSViolation: rewind2846: TOSViolation: If your neighbors can give you a compelling, logical reason for why you shouldn't do something on your property, the appropriate response is not, "To[sic] bad."

That's the problem... there is no "compelling, logical reason" unless that reason involves the potential destruction of other peoples' property. "Don't set your house on fire because the one next door might burn down" is a good example. "Don't let your grass get dry in a farking drought because we don't like the way it looks" is not.  If you're not paying my mortgage, and you're not a city, town state or federal official that I have given permission and power to over such matters, you can just jump up your own ass and suffocate.

I work hard for my money.
That money is used to pay my mortgage.
"My neighbors" are in no way involved with that transaction.
Therefore, they have no say in what I do with what I bought.
That is all.

I'll give you a few examples:

1) You want to build a treehouse where it is overlooking your neighbor's swimming pool in such a way that kids will feel tempted to try to jump from it into your neighbor's pool.


Potential destruction of other peoples property (their children) and safety issues. Problem is not the treehouse, it's the farking dumbassed kids. Time and again there have been stories here on FARK where it's the aesthetics of the treehouse that the pissneighbors didn't like, and not anything related to potential property damage or injury. That is the problem.

2) You want to put up a baseball diamond in your yard where the balls will be hit in the direction of your neighbors' houses.

Potential destruction of other peoples' property. See above.

3) You want to plant stupid trees with branches that hang down (like weeping willow), along the property line, that will grow out over your neighbors' yards, causing a nuisance.

Since when did a tree become a nuisance? It's a farking tree. It brings shade, life, cools your house, enjoy it.

4) You want to put up a shiatty fence in your backyard.  Sure, you can put up a fence, but there may be standards of decency and quality of construction.  Maybe a chain-link fence isn't ok, but a wooden plank one is.

This is a prime example of the aesthetics bullsh*t. If I have a fence put up by a professional installer they will have certain standards for their work, and it will not look "sh*tty". The only requirement for that fence should be that it be installed by said licensed installer, and no b*tching about what type of fence it is because you don't like it - especially if it's not on your property line. Besides, people have been putting up fences for thousands of years, and what type of fence goes up should only be a discussion between the people in the two properties the fence separates, and no one else. Not a committee, not an HOA, no one else.

There are often cases of HOAs not telling you that you can't do something, but advising you on how to do it in a neighborly way.

They can "advise" me when they write the check for my mortgage.
 
2014-01-09 09:27:54 AM

rewind2846: TOSViolation: rewind2846: TOSViolation: If your neighbors can give you a compelling, logical reason for why you shouldn't do something on your property, the appropriate response is not, "To[sic] bad."

That's the problem... there is no "compelling, logical reason" unless that reason involves the potential destruction of other peoples' property. "Don't set your house on fire because the one next door might burn down" is a good example. "Don't let your grass get dry in a farking drought because we don't like the way it looks" is not.  If you're not paying my mortgage, and you're not a city, town state or federal official that I have given permission and power to over such matters, you can just jump up your own ass and suffocate.

I work hard for my money.
That money is used to pay my mortgage.
"My neighbors" are in no way involved with that transaction.
Therefore, they have no say in what I do with what I bought.
That is all.

I'll give you a few examples:

1) You want to build a treehouse where it is overlooking your neighbor's swimming pool in such a way that kids will feel tempted to try to jump from it into your neighbor's pool.

Potential destruction of other peoples property (their children) and safety issues. Problem is not the treehouse, it's the farking dumbassed kids. Time and again there have been stories here on FARK where it's the aesthetics of the treehouse that the pissneighbors didn't like, and not anything related to potential property damage or injury. That is the problem.

2) You want to put up a baseball diamond in your yard where the balls will be hit in the direction of your neighbors' houses.

Potential destruction of other peoples' property. See above.

3) You want to plant stupid trees with branches that hang down (like weeping willow), along the property line, that will grow out over your neighbors' yards, causing a nuisance.

Since when did a tree become a nuisance? It's a farking tree. It brings shade, life, cools your house, enjoy it.

4) You want to put up a shiatty fence in your backyard.  Sure, you can put up a fence, but there may be standards of decency and quality of construction.  Maybe a chain-link fence isn't ok, but a wooden plank one is.

This is a prime example of the aesthetics bullsh*t. If I have a fence put up by a professional installer they will have certain standards for their work, and it will not look "sh*tty". The only requirement for that fence should be that it be installed by said licensed installer, and no b*tching about what type of fence it is because you don't like it - especially if it's not on your property line. Besides, people have been putting up fences for thousands of years, and what type of fence goes up should only be a discussion between the people in the two properties the fence separates, and no one else. Not a committee, not an HOA, no one else.

There are often cases of HOAs not telling you that you can't do something, but advising you on how to do it in a neighborly way.

They can "advise" me when they write the check for my mortgage.


Since you signed the HOA contract before you were even allowed to put your signature on the mortgage papers, you agreed of your own free will to abide by what the HOA 'advises' you to do.

Signed, dated and notarized - you have no leg to stand on to ignore it. YOU signed it. Ignorance/apathy are not defenses.
 
2014-01-09 09:30:46 AM

starsrift: It's gonna be real funny when these mortgages get paid off in 10-15 years.
"Here's a fine for not cutting your grass."
"That's nice. What are you going to do about it?"
"For--"
"No mortgage to foreclose on. So, fark you, asshole."


Owning the home outright does not prevent a lien from being put against the property. You signed the HOA agreement before you signed the rest of the papers, even if you paid cash. You agreed to allow a lien to be placed against the property you were purchasing if you failed to keep up your end of the agreement.
 
2014-01-09 10:04:58 AM

Mugato: No, it's just sad that you have to call everyone who doesn't like HOA's "apartment dwellers" and lord over them your awesome real estate choices.

/condo dweller
// wouldn't live in an HOA if it was free


How the hell does your condo not have an HOA?  How do you manage general building upkeep, maintenance and services?

/also lives in a condo
//loves my HOA, because there's only 8 units and everyone is sane
 
2014-01-09 10:17:41 AM

slotz: Headso: HOAs are for those that look at all the laws and rules in America and boldly say "No, that's not enough, I need more people to have authority over me"

that they're sick of selfish, narcissistic assholes who don't obey the laws and rules in America today; who let their dogs bark all night long and think nothing of playing loud music until 5 AM during the work week.  The cops are too busy to deal with this shiat, and assholes don't change even if asked nicely.  So the HOA helps keep them out, or under control.

/FTFY


I don't live in a HOA and my Dad has taken asshat neighbors to court over shiat like this. He'd film the asshat neighbors dog barking for hours in their yard (it was borderline animal abuse what they did) and got judgments on them.

You don't need a HOA to protect you.
 
2014-01-09 10:34:14 AM
i.imgur.com
 
2014-01-09 10:34:53 AM

LZeitgeist: Signed, dated and notarized - you have no leg to stand on to ignore it. YOU signed it. Ignorance/apathy are not defenses.


This is not about contracts, genius. It's about the ability of your neighbors to act like assholes and not leave people alone to enjoy the properties they paid for as they see fit. The contract is irrelevant, since that contract does not entitle these other people to be dicks.

Once again, it's not the contract that is in question, it's the dicks.
 
2014-01-09 10:54:03 AM

EffervescingElephant: FrancoFile: EffervescingElephant: FrancoFile: EffervescingElephant: Maybe one of you Farkers with a GED in law can help me with this one - my girlfriend has a similar situation, the HOA is in the process of placing a lien on her property because of some missed payments...

She is recently divorced and moved into one of her rental properties, she notified the HOA that she was moving in there, and asked them in writing to send all correspondence to the new address, that she going through a divorce and didnt want any mail going to an ex-husband.

She missed a few payments and they tacked a notice on the door with the lien notice and the attorney representing them...the back payments are only a few hundred bucks, but the attorneys want over 3,500 in fees.

They sent all correspondence/notices to her old address, even after being told not to...is there anything she can do to fight it?

Did she send that notice registered mail?  If so, then she's got a leg to stand on.

She went to the HOA office gave them a notice in person - she paid the fees for several months with checks with the right address, and once the attorneys got involved they sent everything to the right address

She could have paid the back fees...they weren't that much, she didn't know it was being turned over to attorneys, now she has almost 4 grand in fees for less than 500 bucks in back payments

She has a divorce attorney, yes?  He ought to be able to handle this.  Mgmt company screwed up and a lawyer-to-lawyer talk should get them to back down.


Yea...her divorce is final. All of this happened after the divorce was finalized, it was only a few months of missed payments, she was unemployed for a short spell and couldn't afford them. So no lawyer...we were trying to figure out if there was a way to fight this without one, we just cant afford one right now. She has tried to speak to the HOA, hell they all live in her building, they wont speak to her - she has tried to speak to the lawyers, in person, on ...


Try small claims court, if she has proof that she informed them of her move and they didn't comply she may be off the hook.

Registered mail would be the best, however an e-mail could work.
 
2014-01-09 11:10:28 AM

cuzsis: you are a puppet: ReapTheChaos: I don't give a shiat what a contract says, an HOA should not be able to foreclose on any home for any reason. They can take the person to court and garnish their wages if necessary, but taking their home is simply farked up.

Agreed. Place a farking lien on it you shiatbags

This.

 Also, how the fark can they legally take a home worth $120,000 for $288?

 Seems like they owe her $119,712...

/she should sue


Errr, uhhh, they did place a lien on her house.  Then they foreclosed on the lien.  I supposed the HOA could have sat on their lien until she (or her estate) sold the house (whenever that might happen) and then they would have gotten paid, but apparently they sent her tons of notices and presumably the HOA served her with the the foreclosure in compliance with state law.

Then, of course, when the HOA sold the house, the sale proceeds went first to all lien holders (her mortgagee and the the HOA) and she got the rest.  If she had no mortgage, she indeed got her $119,712.  It's curious that the article is silent about that.

What should she sue for?  Her breaching her contract with the HOA?  The HOA following state law by foreclosing?

/Stupid, desperate HOA should disband rather than sue if it has to sue over a piddling sum to stay in business
//Silly homeowner.  Open your mail.
///If you don't use the clubhouse, you still pay fees. If your house doesn't burn down and you don't use the fire department or if you don't have school age kids in public school, you still owe property tax  Welcome to the real world.
 
2014-01-09 11:17:59 AM

rewind2846: LZeitgeist: Signed, dated and notarized - you have no leg to stand on to ignore it. YOU signed it. Ignorance/apathy are not defenses.

This is not about contracts, genius. It's about the ability of your neighbors to act like assholes and not leave people alone to enjoy the properties they paid for as they see fit. The contract is irrelevant, since that contract does not entitle these other people to be dicks.

Once again, it's not the contract that is in question, it's the dicks.


Yes, it is about contacts, bonehead. If you're in an HOA, YOU SIGNED A CONTRACT TO BE IN IT AND ABIDE BY IT, AND BE BOUND BY ITS DECISIONS. No pity for you.

If you're not in an HOA, good for you. Quitcher biatchin'. You have no dog in this fight.
 
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