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Question & Answer
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I'm getting hit with "failure to pull weeds" when I have no weeds!
The association just holds its ground saying I was in violation
July 16, 2005
By
Michael
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i don't mean to rain on your parade or to be negative but no matter what you do today to solve your problems, it will not prevent future problems from arising.
past performance of an hoa is no guarantee of future performance and you will always be one board member away and one election away from tyranny.
if you can afford to move - do it. if not, just be careful. always carefully evaluate your options and be realistic. more than anything else - try not to ever ever ever end up in litigation with an hoa unless you have a minimum of $100,000 to just throw away. that means you might have to tuck your tail between your legs, hunker away, and plant a rock garden instead of having grass, or putting in new sod to get them off your back - you might want to consider it and move on.
of course, there are some things that can't be overlooked like corruption, theft, embezzlement and other criminal acts being committed by boards and property managers.
trust me - been there, done that. getting sucked up into the litigious vortex is stressful enough in todays so called justice system without the added risk and liability of the power of an hoa over a homeowner. the case laws don't usually favor homeowners. it could leave you homeless.
we escaped from an hoa some years ago and it was costly. but you can't put a price on freedom - even simple freedoms like being able to pull weeds or not pull weeds. and the value of being able to practice simple freedoms on the "home sweet home front" is invaluable and a rare thing these days with the proliferation of hoa communes.
sincerely,
p. flamingo
irvine, california (aka nirvana, caliphoney)
Posted Jul 20 2005 5:31AM CEST
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Username withheld
, ot |
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Thank you very much. Glad I found your web site, and that others are in the same boat as me.
This Homeowner Assocation stuff is just not right in today's world. Time for the power of Homeowner Associations to get cut short.
Thanks again,
Michael
San Marcos, California
Posted Jul 19 2005 5:29PM CEST
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Username withheld
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Hello Persecuted by HOA:
Here's what I did when my Homeowners Association told me my lawn needed mowing and it didn't (clearly compared to other units not written against):
1. Immediately take pictures of all the units lawns worse than yours as soon as the HOA allegation is presented to you.
2. Go to the property management company and ask for the violations and warnings log listing of all current open HOA complaints. They have to give it to you by Freedom of Information Act, just like you can get any court paperwork from any courthouse.
3. Make a paper with photographs (stay off private property though) of all units around you that weren't written up, that were obviously far worse than your's (have pictures of your unit too in the paper for comparison).
4. Make enough copies of the paper to give to everyone in the HOA and pass them out. Ask that the board resign and threaten to petition their removal in the paper.
5. Then plan a free barbeque shortly there-after to REMOVE THE BOARD.
Not only did the board back off my case, they gave all of us free mulch and built a beautiful new fence without raising dues.
It works-
Posted Jul 18 2005 11:54PM CEST
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Martin Peterson
(View Profile)
Kent, Washington |
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