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fried eggs

(910 posts)
Thu Apr 4, 2013, 08:11 PM Apr 2013

Harassed by the neighborhood HOA

I received a rude letter from an anonymous "inspector" (who I assume is a neighbor) on behalf of my neighborhood's HOA. The letter speaks of hundreds of dollars of fines if I don't paint the trim of my home in a week. Really? A week? It's not that I refuse to do it, I just am shocked that they seriously expect me to complete something like that in a week. The problem they're referring to is not visible to the naked eye. I had to take a picture that zoomed in on the roof to see what they were talking about.

How much power do HOAs have? Has anyone here ever won against them in court?

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Harassed by the neighborhood HOA (Original Post) fried eggs Apr 2013 OP
This should not have to go to court. Curmudgeoness Apr 2013 #1
HOA's have a lot of power, better do what they say rustydog Apr 2013 #2
they have as much power as you have given them dsc Apr 2013 #3
Thanks fried eggs Apr 2013 #5
Ask them for more time. Something that is doable for you and don't look like you stalling to bluestate10 Apr 2013 #14
Move. HOA=Nazis DollarBillHines Apr 2013 #4
Not that it applies in your situation IDemo Apr 2013 #6
Where I live, I'm not allowed to have more than five pigs! panader0 Apr 2013 #7
Fuck that. UnrepentantLiberal Apr 2013 #8
You think you have it hard... LancetChick Apr 2013 #12
yeah, my HOA is pissing me off too PD Turk Apr 2013 #13
Ouch! LeftInTX Apr 2013 #9
Did you sign a CC&R? cherokeeprogressive Apr 2013 #10
my take: steve2470 Apr 2013 #11
Why does ANYONE move into a house with an HOA? Matariki Apr 2013 #15
Because living without them is an even bigger nightmare Major Nikon Apr 2013 #17
Check your HOA Declaration of Covenants DirkGently Apr 2013 #16
Here's how you deal with HOAs Major Nikon Apr 2013 #18

Curmudgeoness

(18,219 posts)
1. This should not have to go to court.
Thu Apr 4, 2013, 08:36 PM
Apr 2013

If you have no problem with correcting the problem, I would either write a letter to the HOA, or go to the next meeting, or call someone on the committee, and let them know that you are willing to do the painting, but that you are requesting more time to do it. Unless you are in a very authoritarian HOA, they should be willing to work with you.....although the "one week" edict is already a little high-handed. But it never hurts to ask politely first.

As to their powers, they are all over the place, depending on the state, the area, the HOA rules, etc. But it is a long way from where you are to problems. First they would have to fine you, then you refuse to pay, then they would have to take it to court, and before that time, you would have the painting done and it would be something that just pissed a judge off---if it went that far.

rustydog

(9,186 posts)
2. HOA's have a lot of power, better do what they say
Thu Apr 4, 2013, 08:39 PM
Apr 2013

If your warning is coming from the HOA, you'd better complete the task or you could face fines.
If you don't pay the fines, they can foreclose on the home.

dsc

(52,130 posts)
3. they have as much power as you have given them
Thu Apr 4, 2013, 08:40 PM
Apr 2013

You will have to look at what you signed to see just what powers they have. That said, I would presume if you start the painting in the week and show that you are intending to finish it in a reasonable time, they will leave you alone. They tend to be able to fine you, put a lien on your house if you don't pay the fines, and prevent you from selling the house.

DollarBillHines

(1,922 posts)
4. Move. HOA=Nazis
Thu Apr 4, 2013, 09:03 PM
Apr 2013

Once you are in their sights, they never relent.

You don't have much of a chance against them in court.

Never, ever, live anywhere where some HOA holds sway. Most of their asses are so tight that they have trouble farting.

IDemo

(16,926 posts)
6. Not that it applies in your situation
Thu Apr 4, 2013, 09:22 PM
Apr 2013

but there are few circumstances where covenants or HOA restrictions can prevent the placement of tv and satellite antennas. The FCC has very clear rules about this, which many HOA's attempt to ignore anyway.

http://www.fcc.gov/guides/over-air-reception-devices-rule

LancetChick

(272 posts)
12. You think you have it hard...
Thu Apr 4, 2013, 09:58 PM
Apr 2013

I'm not permitted to operate a distillery or run a brothel. When I saw that, I immediately started imagining ways I could do both at the same time. Fortunately, federal laws have now negated the other rule that says I can only sell my property to white folks.

About the HOA, though, my experience at my previous residence was that the notices that say you have to do this and this and can't do that is far more offensive than actually talking to the members in charge. One guy told me I couldn't do something that was actually really important for me to do because of drainage problems. I spoke to another member, and he agreed with me and said the other guy was wrong, so I was able to do what I wanted.

PD Turk

(1,289 posts)
13. yeah, my HOA is pissing me off too
Thu Apr 4, 2013, 10:01 PM
Apr 2013

I have an old pickup truck up on blocks in the yard and they're giving me hell about it..... they say I need to take the wheels off and spray at least two patches of different colored primer on it to be fully in compliance!

LeftInTX

(24,560 posts)
9. Ouch!
Thu Apr 4, 2013, 09:39 PM
Apr 2013

Usually those one week type things are for yards that overgrown with weeds and shrubs, cars on cinder blocks, gross obvious things.

I would check the agreement. You probably would have known in advance if you were living with one of those super strict HOAs. Usually they are in exclusive neighborhoods.

I live in an HOA neighborhood. It is solid middle class and very reasonable. They usually don't get involved legally unless a property is grossly neglected. (Abandoned rent properties is a good example)

Maybe a new board member on the architecture review board with wild hair got involved. I bet other homeowners are targeted too.

 

cherokeeprogressive

(24,853 posts)
10. Did you sign a CC&R?
Thu Apr 4, 2013, 09:40 PM
Apr 2013

That pretty much spells out what powers the HOA has.

It's even possible that if an "inspector" notices a material deficiency in regards to the condition of you home, he or she may issue a notice to rectify the problem in one week.

That's where I would look first.

steve2470

(37,457 posts)
11. my take:
Thu Apr 4, 2013, 09:46 PM
Apr 2013

This is really none of my business but if I got a notice like that where I live now, I might comply quickly but then start looking for another place to live pretty soon. High-handed and unreasonable are two words that come to mind. I can see more trouble down the road, but.... as I said, it's really none of my business. Best of luck to you.

Major Nikon

(36,814 posts)
17. Because living without them is an even bigger nightmare
Fri Apr 5, 2013, 12:39 AM
Apr 2013

For 9 years I lived in a neighborhood without a HOA and I saw it turn from a very nice neighborhood to a shithole in those 9 years. People start to park on their lawns and sidewalks, they leave their trashcans out all days of the week, they leave shit laying around on their lawns, don't mow or control weeds, allow fences to fall down, and their homes to fall into disrepair. All of the little things are usually hard to get the cops or code enforcement to enforce. Eventually the people who keep their homes up move away and those who don't move in. Before you know it the whole neighborhood has gone to hell in a handbasket.

I've had my run-ins with the HOA, but I wouldn't want to live in a neighborhood without one.

DirkGently

(12,151 posts)
16. Check your HOA Declaration of Covenants
Fri Apr 5, 2013, 12:11 AM
Apr 2013


... or whatever the agreements are called in your state. A week sounds like an egregiously short period of time, and there are usually appeal or hearing provisions of some kind.

And yes, you can beat an HOA in court if they're wrong, which is not that uncommon, because mostly they are run by people who have no idea what they're doing.

Don't ignore it, though. The more time goes by, the more likely it is you'll be actually be in violation of some provision, which may or may not empower them to levy fines.

Major Nikon

(36,814 posts)
18. Here's how you deal with HOAs
Fri Apr 5, 2013, 12:46 AM
Apr 2013

First of all, don't worry so much about winning in court. Although you hear about such things all the time in the news, in reality few cases make it to court because most HOAs don't have the resources to pursue such things, at least for all such cases. They would rather send you an endless stream of threatening letters.

The first rule is to try not to deal with them on an informal level. It's much better to deal with them by written correspondence so you have a paper trail. For each letter they send you, send them a response and keep the copy. Tell them you don't agree that you're outside the covenants and that even if you are, you need a reasonable amount of time to address the problem. If you just ignore them, their case strengthens while yours looks bad. If you look like you are trying to work with them in good faith, it leaves them with less legal remedies.

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