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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [slowguy] [ In reply to ]
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slowguy wrote:
Leddy wrote:
What would happen in a situation like that if you didn't pay the fine ? Could they eventually boot someone out?


Depends on the HOA. Typically, they could levy additional fines, they might have authority to come onto your property to inspect and or fix issues at your expense, and if it goes far enough, they could potentially sue you and/or place a lien on your property.

This is pretty much it (depending on your CCR's of course). I am the President of my HOA (cast your stones), this would be the recourse we would have. However there would need to be some language in there about standards for age and condition of paint. I don't believe we have any covenant with regard to "if your paint looks old you have to repaint" so I wouldn't really have any room to fine or fix the problem. If you painted the door purple I could hire someone to repaint it and stick you with the bill, but we don't have wording on paint maintenance.

I personally appreciate the idea of an HOA. When I moved in the HOA was charging $600 per year and shoveling $40k per year to a privately owned golf course with no benefit to the HOA other than it is close to us and was in danger of foreclosure. I didn't like that so I did what I could to change it instead of bitching about it. I ran for the Board, was elected, then 6 months later was appointed by the Board to replace the current President. Since then I have cut off the golf course, lowered dues to $200 per year and everyone generally seems to be happy. We don't fine for stupid shit, the only time we fine is if there is a clear violation, we have informed the owner, and the owner has told us to go fuck ourselves. We will fine at that point, but we are not into surprising people with fines for leaving a trash can out overnight. 95% of the owners keep nice houses and never hear from us. The other 5% are assholes who should have never moved into an HOA neighborhood as they are dead set on doing whatever the fuck they want no matter what. It is nice to have the HOA to deal with the 5%.
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [aarondb4] [ In reply to ]
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They have a database to track when and what you painted it so they can review it. So it doesn't seem like they are just driving around saying certain houses look like crap. If it's been awhile they'll review to see how it's holding up.
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [BLeP] [ In reply to ]
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BLeP wrote:
Yes, I know its a choice. It's a choice that I find a funny one for people who love their freedom so much that they would give it up to live in a private neighbourhood.

Serious question... to anyone...

what do HOAs generally think of election signs on lawns? Do they ban them?
We live in a pretty nice area with a hefty HOA fee, $6700 annually. No signs allowed in the yard, we have some pretty strict rules but it keeps the neighborhood is great shape, looking nice! Don't have to worry about Joe Blow next door not keeping their lawn cut or parking a broken down car in the driveway.
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [Grant.Reuter] [ In reply to ]
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Grant.Reuter wrote:
They have a database to track when and what you painted it so they can review it. So it doesn't seem like they are just driving around saying certain houses look like crap. If it's been awhile they'll review to see how it's holding up.

Wow, that is a pretty sophisticated HOA, sounds like a pain in the ass to keep track of all that.

I am very hands off, I don't like to tell people what to do unless they are purposefully breaking the rules and have a give no fucks attitude.
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [veganerd] [ In reply to ]
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veganerd wrote:
Yours doesn't sound so bad. I once had one that would fine people if they forgot to close their garage door. I hate hoas.

My brother and sister in law both live a community that works on a sliding scale where the rules change. Not dramatically, but enough. One bought an outdoor light that was approved by the HOA but got busy and didn't have time to put it up until spring. Sorry, that light is no longer approved. Crazy shit like that.
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [aarondb4] [ In reply to ]
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aarondb4 wrote:
Grant.Reuter wrote:
They have a database to track when and what you painted it so they can review it. So it doesn't seem like they are just driving around saying certain houses look like crap. If it's been awhile they'll review to see how it's holding up.


Wow, that is a pretty sophisticated HOA, sounds like a pain in the ass to keep track of all that.

I am very hands off, I don't like to tell people what to do unless they are purposefully breaking the rules and have a give no fucks attitude.

It's probably just a spreadsheet. Not too complicated.

HOAs can be great for people who don't like to go tell people what to do, because the HOA does it for you and on your behalf. You maintain and/or grow your property value and get some level of service from the HOA, and they deal with the crap.

For example, in my building in San Diego, the original builder cut a couple of minor corners on building materials for certain systems. Instead of me having to deal with the builder, the HOA retains lawyers, does spot testing throughout the building, deals with the legal aspects of pursuing the builder for compensation, and schedules, oversees, and pays for repairs and replacement of those systems. All I need to do is know when they need access to my laundry closet (or whatever system they're working on). I don't even have to be there, because I can authorize the building manager to let the workers in, monitor the work, and ensure they clean up before they leave. They needed to remove a section of exhaust duct, and they came in while I was at work, pulled out the laundry machines, cut into the drywall, removed and replaced the duct section, patched the drywall, and repainted, then reinstalled the washer and dryer, and I came home with nothing but a little new paint smell.

Slowguy

(insert pithy phrase here...)
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [slowguy] [ In reply to ]
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slowguy wrote:
aarondb4 wrote:
Grant.Reuter wrote:
They have a database to track when and what you painted it so they can review it. So it doesn't seem like they are just driving around saying certain houses look like crap. If it's been awhile they'll review to see how it's holding up.


Wow, that is a pretty sophisticated HOA, sounds like a pain in the ass to keep track of all that.

I am very hands off, I don't like to tell people what to do unless they are purposefully breaking the rules and have a give no fucks attitude.


It's probably just a spreadsheet. Not too complicated.

HOAs can be great for people who don't like to go tell people what to do, because the HOA does it for you and on your behalf. You maintain and/or grow your property value and get some level of service from the HOA, and they deal with the crap.

For example, in my building in San Diego, the original builder cut a couple of minor corners on building materials for certain systems. Instead of me having to deal with the builder, the HOA retains lawyers, does spot testing throughout the building, deals with the legal aspects of pursuing the builder for compensation, and schedules, oversees, and pays for repairs and replacement of those systems. All I need to do is know when they need access to my laundry closet (or whatever system they're working on). I don't even have to be there, because I can authorize the building manager to let the workers in, monitor the work, and ensure they clean up before they leave. They needed to remove a section of exhaust duct, and they came in while I was at work, pulled out the laundry machines, cut into the drywall, removed and replaced the duct section, patched the drywall, and repainted, then reinstalled the washer and dryer, and I came home with nothing but a little new paint smell.

That is nice in a townhouse/condo setting. But the whole "the HOA will handle it" attitude pisses me off when it comes to actual subdivisions with homes.

People bitch at me day and night about their neighbors, about the path the city put in on city property, about the gas station down the street, about the height of the fence they installed, shit anything they can think of, they think is the HOA's problem. I voluntarily ran for the Board to fix a problem, I fixed that problem and I have been stuck here ever since (4 years). Can't get anyone else to step up, can't even get enough people at an annual meeting to hold a vote. But yet everyone bitches and expects me to fix their little issues when they have a problem. I'm pretty damn sick of it. The HOA Board is essentially a volunteer position in a lot of situations, and people abuse the shit out of those volunteers while never lifting a finger themselves.
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [aarondb4] [ In reply to ]
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" I fixed that problem and I have been stuck here ever since (4 years). Can't get anyone else to step up"

What would happen if you announce you're stepping down after 4 years of service ?

"I think I've cracked the code. double letters are cheaters except for perfect squares (a, d, i, p and y). So Leddy isn't a cheater... "
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [aarondb4] [ In reply to ]
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aarondb4 wrote:
slowguy wrote:
aarondb4 wrote:
Grant.Reuter wrote:
They have a database to track when and what you painted it so they can review it. So it doesn't seem like they are just driving around saying certain houses look like crap. If it's been awhile they'll review to see how it's holding up.


Wow, that is a pretty sophisticated HOA, sounds like a pain in the ass to keep track of all that.

I am very hands off, I don't like to tell people what to do unless they are purposefully breaking the rules and have a give no fucks attitude.


It's probably just a spreadsheet. Not too complicated.

HOAs can be great for people who don't like to go tell people what to do, because the HOA does it for you and on your behalf. You maintain and/or grow your property value and get some level of service from the HOA, and they deal with the crap.

For example, in my building in San Diego, the original builder cut a couple of minor corners on building materials for certain systems. Instead of me having to deal with the builder, the HOA retains lawyers, does spot testing throughout the building, deals with the legal aspects of pursuing the builder for compensation, and schedules, oversees, and pays for repairs and replacement of those systems. All I need to do is know when they need access to my laundry closet (or whatever system they're working on). I don't even have to be there, because I can authorize the building manager to let the workers in, monitor the work, and ensure they clean up before they leave. They needed to remove a section of exhaust duct, and they came in while I was at work, pulled out the laundry machines, cut into the drywall, removed and replaced the duct section, patched the drywall, and repainted, then reinstalled the washer and dryer, and I came home with nothing but a little new paint smell.



That is nice in a townhouse/condo setting. But the whole "the HOA will handle it" attitude pisses me off when it comes to actual subdivisions with homes.

People bitch at me day and night about their neighbors, about the path the city put in on city property, about the gas station down the street, about the height of the fence they installed, shit anything they can think of, they think is the HOA's problem. I voluntarily ran for the Board to fix a problem, I fixed that problem and I have been stuck here ever since (4 years). Can't get anyone else to step up, can't even get enough people at an annual meeting to hold a vote. But yet everyone bitches and expects me to fix their little issues when they have a problem. I'm pretty damn sick of it. The HOA Board is essentially a volunteer position in a lot of situations, and people abuse the shit out of those volunteers while never lifting a finger themselves.

Sounds like it's time to push new HOA CCRs and rules that introduce payment for the HOA positions, since the rest of the association (i.e. other owners) don't want to contribute and want someone to maintain the position permanently. See if that draws out some voters and candidates.

Slowguy

(insert pithy phrase here...)
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [Leddy] [ In reply to ]
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Leddy wrote:
" I fixed that problem and I have been stuck here ever since (4 years). Can't get anyone else to step up"

What would happen if you announce you're stepping down after 4 years of service ?

We had a Board of 5 people. The President I replaced moved out of state so he was out and we found a person to replace him. Then my VP quit so the Board replaced him as is the practice when a Board member quits and the annual meeting has already taken place for the year. That VP then moved out of state. So we are currently a 4 person Board. I have been here 4 years, the others have been on the Board 6-7 years. Two members are useless, so everything falls to me and the Treasurer to take care of. The treasurer is 75+ years old, retired, has better things to do and is not always in the greatest of health. She does a ton of work for the HOA and has been doing so for 7+ years.

We haven't had a quorum at the annual meeting for the past two years (ever since I lowered the dues) so we can't have an official ballot which means to replace a Board member the Board has to appoint someone. I have sent emails, put up FB posts, sent regular mail letters, begging for someone to step up and be on the Board. We have even singled people out, knocked on their door and asked them to help, no one will step up.

So if I announced I was stepping down, it would be at an annual meeting where we don't have a quorum to replace me, the remaining Board of now 3 would beg people to join, they would refuse, and the work I do would fall to the current Treasurer who is already overworked. I am not willing to do that to her, so here I am.
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [slowguy] [ In reply to ]
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slowguy wrote:
aarondb4 wrote:
slowguy wrote:
aarondb4 wrote:
Grant.Reuter wrote:
They have a database to track when and what you painted it so they can review it. So it doesn't seem like they are just driving around saying certain houses look like crap. If it's been awhile they'll review to see how it's holding up.


Wow, that is a pretty sophisticated HOA, sounds like a pain in the ass to keep track of all that.

I am very hands off, I don't like to tell people what to do unless they are purposefully breaking the rules and have a give no fucks attitude.


It's probably just a spreadsheet. Not too complicated.

HOAs can be great for people who don't like to go tell people what to do, because the HOA does it for you and on your behalf. You maintain and/or grow your property value and get some level of service from the HOA, and they deal with the crap.

For example, in my building in San Diego, the original builder cut a couple of minor corners on building materials for certain systems. Instead of me having to deal with the builder, the HOA retains lawyers, does spot testing throughout the building, deals with the legal aspects of pursuing the builder for compensation, and schedules, oversees, and pays for repairs and replacement of those systems. All I need to do is know when they need access to my laundry closet (or whatever system they're working on). I don't even have to be there, because I can authorize the building manager to let the workers in, monitor the work, and ensure they clean up before they leave. They needed to remove a section of exhaust duct, and they came in while I was at work, pulled out the laundry machines, cut into the drywall, removed and replaced the duct section, patched the drywall, and repainted, then reinstalled the washer and dryer, and I came home with nothing but a little new paint smell.



That is nice in a townhouse/condo setting. But the whole "the HOA will handle it" attitude pisses me off when it comes to actual subdivisions with homes.

People bitch at me day and night about their neighbors, about the path the city put in on city property, about the gas station down the street, about the height of the fence they installed, shit anything they can think of, they think is the HOA's problem. I voluntarily ran for the Board to fix a problem, I fixed that problem and I have been stuck here ever since (4 years). Can't get anyone else to step up, can't even get enough people at an annual meeting to hold a vote. But yet everyone bitches and expects me to fix their little issues when they have a problem. I'm pretty damn sick of it. The HOA Board is essentially a volunteer position in a lot of situations, and people abuse the shit out of those volunteers while never lifting a finger themselves.


Sounds like it's time to push new HOA CCRs and rules that introduce payment for the HOA positions, since the rest of the association (i.e. other owners) don't want to contribute and want someone to maintain the position permanently. See if that draws out some voters and candidates.

Not a bad idea. Currently we have our dues comped for the year, a whopping $200. I make about $.09 an hour on that deal.

I am threatening to raise the dues from $200 to $1,500 this year, bills go out shortly before the annual meeting. I am pretty sure we would have a packed house of people wanting to replace me after that bill went out.
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [slowguy] [ In reply to ]
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slowguy wrote:
Grant.Reuter wrote:
It really is, I was 100 percent not interested in living here before I started looking into everything that's available because of the HOA. The four Rec centers are amazing. For example one has a 9 lane indoor lap pool and an 8 lane outdoor lap pool. Just a family gym membership fee would be more than what we pay for the HOA.

But I agree some places have crazy monthly fees. I have a townhouse in Iowa I rent and the monthly HOA is 190. Little different since they do the yard work, plowing etc but still 190 is steep for what it is.


That's nothing. Try looking for a place in the downtown area of a significant city. You'll be looking at HOA fees in the ballpark of 1k per month or more.

Doesn't have to be significant ;)
There's a high rise condo by me. On a lake that separates one city from the town next door. The next door town is superior in almost every way (top schools, low crime, tiny property tax), but this building is on the bad side of the lake.
A 2 bedroom unit on the 5th floor dues are $400/mo
Same on the 2nd floor is $300/mo
Same on the top floor is $950/mo
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [aarondb4] [ In reply to ]
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There's your exit strategy !

"I think I've cracked the code. double letters are cheaters except for perfect squares (a, d, i, p and y). So Leddy isn't a cheater... "
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [Grant.Reuter] [ In reply to ]
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Serious answer. HOA electees are a bunch of bored retirees who got nothing better to do but impose their will on their neighbors. Gives them a power trip or something.

The way to fight that is with leverage. Find something that will make the fuckers steer clear of you and your house. They will let the small things (like paint) slide if they know you could burn them back twice as bad. Just don't do really obvious things that fall foul of HOA rules. No one else besides the HOA busy-bodies will care about small stuff.
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [Dilbert] [ In reply to ]
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Dilbert wrote:
Serious answer. HOA electees are a bunch of bored retirees who got nothing better to do but impose their will on their neighbors. Gives them a power trip or something.

Ours isn't, given the size of the HOA and what they manage you actually somewhat need to know what you're doing.

Quote:
The way to fight that is with leverage. Find something that will make the fuckers steer clear of you and your house. They will let the small things (like paint) slide if they know you could burn them back twice as bad. Just don't do really obvious things that fall foul of HOA rules. No one else besides the HOA busy-bodies will care about small stuff.

Or I could just paint the house because I agree it needs it. It has nothing to do with the painting but instead if the other person is on the hook.


That said, our realtor emailed their realtor last night. The seller still moved to a new house in the HOA. The seller already called the HOA, got the date pushed back for when it needed to be done and emailed us to contact her about getting it fixed.
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [Grant.Reuter] [ In reply to ]
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Impressive!
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [owen.] [ In reply to ]
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I'm a big fan of HOA's as long as they are reasonable. Their is always someone who wants to paint their house pink, or won't water their grass or thinks parking their RV on the street 360 days a year is cool.
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [Grant.Reuter] [ In reply to ]
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That non-disclosure doesn't seem material. Besides you and your home inspector could visibly see the condition of the paint.

In layman's words, you're SOL, but your garage door and shutters will soon look nice(r).
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Re: Seller of home we bought didn't disclose a HOA violation, any recourse options? [aarondb4] [ In reply to ]
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aarondb4 wrote:
Quote:
People bitch at me day and night about their neighbors, about the path the city put in on city property, about the gas station down the street, about the height of the fence they installed, shit anything they can think of, they think is the HOA's problem. I voluntarily ran for the Board to fix a problem, I fixed that problem and I have been stuck here ever since (4 years). Can't get anyone else to step up, can't even get enough people at an annual meeting to hold a vote. But yet everyone bitches and expects me to fix their little issues when they have a problem. I'm pretty damn sick of it. The HOA Board is essentially a volunteer position in a lot of situations, and people abuse the shit out of those volunteers while never lifting a finger themselves.


Quote:
Sounds like it's time to push new HOA CCRs and rules that introduce payment for the HOA positions, since the rest of the association (i.e. other owners) don't want to contribute and want someone to maintain the position permanently. See if that draws out some voters and candidates.


Not a bad idea. Currently we have our dues comped for the year, a whopping $200. I make about $.09 an hour on that deal.

I am threatening to raise the dues from $200 to $1,500 this year, bills go out shortly before the annual meeting. I am pretty sure we would have a packed house of people wanting to replace me after that bill went out.

I was gonna suggest a massive kegger using all the HOA funds... like actively running for impeachment but having a good time on your way out.

It's a little funny to hear someone on the 'inside' complain about all the BS attendant to holding an elected office, even at a small scale, with all the extra carping that goes on during election season about what bums all the officeholders/candidates are. Now just imagine applying that to a larger office.

Who was it that said (paraphrasing from memory) the biggest thing wrong with our politicians is the people who vote for them? We should start calling you HObama now...
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