And they'll take everything you have including the shirt off your back

July 19, 2005

By Bryan C

When I rented my property to a professional painter, I was totally unaware of the trouble that I had just brought upon myself. It started with a letter from my homeowner association's property management company.

Although the vehicle has no signage, meets none of the defining characteristics of "commercial" vehicle as defined by the Georgia DOT or DMV, the HOA says it's a "work van" with ladders and that they are going to fine me $25 per day as long as it remains on the property.

The covenants state that " no commercial vehicle, truck with a camper top, boat or other recreational vehicle" may be parked on the property for more than 48 consecutive hours.No where is there the wording "work van."

I have asked my tenant to park it inside the garage when it's not in use and he has done his best to comply. My property manager goes by the property at least twice per week and has reported seeing the van only once and the tenant says that he was just home for lunch at the time.

The HOA's property manager seems to see it every time that she goes by and then sends me threatening letters in the mail.

The latest letter states that I now owe them $525.00 for fines incurred in May, 2005. From May 9, thru May 31. I have proof that the van wasn't even in the state of Georgia the last week of May. That doesn't matter to these people. They say that they are going to sue me, put liens on my property and charge me for "reinstatement" of my amenities privileges? The bottom line. Do NOT buy property in a HOA.

If you curently live in a HOA, read your covenants! Don't wait until you become the target of the HOA board members. By then it's usually too late! You are putting yourself, your family, your future in harms way when you buy in a Homeowners Association. They can and will take everything including the shirt off your back. I'm quite sure that I'll be retaliated against for this posting but if I can save anyone from these demons, it's worth it.

Lawyers? You can forget about getting any help from a lawyer. I've spoken with three and they seem afraid to confront a HOA or their management companies. If anyone can direct me to an attorney that can advise me I'd be greatful.

If there are any members of pre paid legal services reading this, I am not talking to you. Do not contact me.

Related Link

Georgia Homeowners News