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Don't tell me that because you want to do whatever you want on your property is acceptable. It's not when it adversly affects the value of your neighbors nor their right to live safely and peacefully in their home, too.
Harry Fish
Mead, Colorado
Posted Dec 3 2006 11:15PM CET
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Harry Fisk
Mead, Colorado |
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Sir, your HOA has been effectively hijacked by the HOA industry vendor lawyers and property managers.
Find out if they are members of CAI.
Unfortunately, "rewriting" the CCR's to supposedly update them is really nothing more than a money making scheme for the industry - especially the lawyers.
It doesn't matter if you think everything was done illegaly, they know that you have to file a lawsuit to prove it. That only makes MORE money for the brethren lawyers.
If it were me, I would sell and get the heck out. I would also notify every real estate firm that has a house listed for sale in the neighborhood what is going on. Make sure they are fully aware of the discontent in the neighborhood and their obligation to now disclose it to prospective buyers.
Is the HOA's duly licensed as a corporation? I would check the State records for that.
Posted Nov 18 2006 1:33AM CET
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Username withheld
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I live in Denton County In Texas in a development on Lake Lewisville. We have a homeowners association that is getting out of control.
A group of homeowners and I are in the process of trying to contest a vote on a new set of CCRS for our HOA. We would like to find an attorney in the Plano, Frisco, Dallas are that would be willing to assist us on contingency.
We feel that the HOA board was deceitful in the way they implemented the voting process for the replacement of our current CCRs.
We have proof of the President of the board stating that the reason the document went from 9 to 29 pages was a simple font change. Then when called upon the issue it stated that it was to bring the language up to date from 1982. They will not let us see the Exhibits listed in the new CCRs and they will not show them to us.
Each time we have asked to see the voting documents he has either deigned or ignored our requests. Today he stated that we can contact the HOA lawyer to view the documents. The prior restrictions (in our understanding) require that the signatures be recorded with the amendment when it is filed.
It also states that they must send the proposed amendments to the property owners 90 days in advance of any action. They did not do this. There are multiple other issues with the way they are trying to force the new CCRs on us.
The only online forum that is listed in the HOA website is censored and stopped letting us post anything about the issues with the new CCRs. I created an alternative forum to let everyone discuss the CCRs. In doing so some of the PRO-CCR crowd began to verbally attack us.
We posted signs outside of the development along a county road. These were stolen and destroyed. We reported the criminal acts to the sheriff's department and I finally put one up that was made of 1" plywood that has not been touched. We also have been going door to door with a petition requesting a re-vote of the new CCRs with full disclosure.
We have collected signatures 100 of the 157 properties in our HOA.
Last night at the quarterly HOA meeting the board called out petition illegal and would not accept it. They also deviated from the bylaws and refused to accept proxy votes for the board elections. The proxies of 26 homeowners were discarded.
The current board was re-elected by a 34 to 19 vote. If the proxies had been counted they would have not won. The HOA president ( who was trying to get re-elected) tossed the proxies because they were not submitted prior to the meeting. The Bylaws state that the first item on the agenda is the reception and certification of proxies.
If the board had followed the bylaws and asked for the proxies then they would have been submitted. Instead they were submitted during the voting process.The president of the board waited until after the votes were tallied to see if they had enough to over ride the proxies and when they did not they tossed the proxies.
Also during the meeting the board president made derogatory statements about a few homeowners that were not there to defend themselves. He called the home of one of the persons running in opposition "one of the worst houses in the neighborhood". He also posted a voicemail on the internet of a person in opposition that was not meant for the public without permission.
Posted Nov 15 2006 5:09AM CET
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Greg Collins
(View Profile)
Frisco, Texas |
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New England Holocaust Memorial
The version inscribed at the New England Holocaust Memorial in Boston, Massachusetts reads:
They came first for the Communists,
and I didn't speak up because I wasn't a Communist.
Then they came for the Jews,
and I didn't speak up because I wasn't a Jew.
Then they came for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.
Then they came for the Catholics,
and I didn't speak up because I was a Protestant.
Then they came for me,
and by that time no one was left to speak up.
The problems with HOAs exist because the Members don't speak up when they "come for" their neighbors.
The answer to Nazis is to support each other. Otherwise, they will attack us one at a time.
Posted Nov 14 2006 11:20AM CET
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James Tyrer
Green Valley, Arizona |
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The HOA is like a Kangroo court and our HOA President is like Captian Kangaroo.
He recently slammed through opening an emergency only access gate for routine pedestrian use to the dismay of those who bought with the plans and promises that the gate would remain closed. When first built, the gate was not completed and folks snuck through. There was trash, noise, theft and kids on skate boards ran into cars trying to leave their garages. When the gate was repaired, the HOA President and a few friends - with property on the other side of the gate, pushed through opening the gate.
Why, because they have rentals on one side and the gate opening would provide easier beach access for their rentors increasing the value of their property at the expense, safety and security of those living near the gate.
We are trying to raise the money to sue before some kid gets hurt, homes are invaded (again), revelers going to and from the beach all hours of the night disrupt those who live along the way, etc. Anyone defeat a similar group of thugs? Contact us at info@sanpacificoblog.com. Or, e-mail me back at mail@sanpacificoblog.com
Posted Nov 14 2006 1:12AM CET
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Username withheld
, California |
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If I owned a home that was NON-HOA - I would definitely advertise it far and wide as NON-HOA. You might be surprised how many people are looking specifically for NON-HOA.
Here are some of the amenities of NON-HOA:
City maintained infrastructure
Less liability
Property taxes are deductible
HOA dues are not deductible
Property taxes are increased minimally according to statute
HOA dues can increase upwards of 20% per year
No Special assessments
HOA dues can impose special assessments of unlimited amounts
No divisive monthly HOA meetings
No monthly HOA propaganda newsletters
No Architectural control committees
No busy body controlling neighborhood police
No non-judicial Foreclosures by Neighbor
Your home is truly your "home sweet home" and a slice of the "American Dream".
Own a REAL piece of PRIVATE property
That's just for starters..........
I remain,
P. Flamingo Esquiress
Posted Nov 13 2006 8:53PM CET
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Username withheld
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That has definitely been my experience with my "community" in rural West Virginia.
When I filed my complaint in civil court during February 2005 seeking injunctive relief only and NO $$$$ due to my 13 neighbors NOT following the rules when changing the covenants and restrictions AND not even notifying me of such changes (as they were required to do) they retaliated against me by filing a whopping $1.3 million malicious and not-supported-by-facts/evidence counterclaim which was recently settled by my homeowners insurance carrier.
I could have lost my property and all of my earthly assets to these people had they got a jury to believe their vicious lies.
Their attorney (Linda M. Gutsell) embarked on a vicious smear campaign in an attempt to break me down and destroy my character. My compliants to the West Virginia Bar Association resulted in no action against this unscrupulous lawyer.
Looking back, it was obvious my neighbors had decided that I didn't belong in their precious neighborhood despite the fact that mine is one of the most attractive properties in the "hood."
I will not move until I am ready to move but when I do, I'm praying I can sell to a party who will make my neighbors wish I had not sold my property.
Posted Nov 13 2006 3:02PM CET
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Paula Frickey
(View Profile)
Shenandoah Junction, West Virginia |
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You are right. The ideas that your home is yours to do is being taken away.
Homes are under attack by greedy lawyers and the management companies telling you the plants you can have or not have, weeds are forbidden, management companies do give a rats ass about you, just your money and how deep your pockets are.
Your neighbors turn you in for minor nothings to make a buck off of you in some associations, lawyers and BOD's are corrupt to high heaven and it really stinks. My association has AGAIN for the 21st year have voted to NOT audit the books but can't tell us where the money is, and refuses even though it is tax deductible for the not for profit corporation.
It is a real joke that no one will take up the fight for us in the state or federal government.
We are all being taken to hell in a handbasket. It is a very sad situation indeed.
I too am trapped in such a place called Otter Key. Let me tell you, I have to sue to get access to my own circuit breakers with constant power faiulures, no audits, no meetings, no accountability to the owners, told to shut up and not to ask questions or be investigated like they have done to me.
Go to www.otterkey.com to see my plight. I have to sue to get to my own circuit breakers, have been investigated because I ran for the board to get rid of the same 5 who have been on the board for 15-17 years.
You tell me; something is not wrong in america? The HOA system is a joke and a farce of control over all of us who bought into the supposed dreams sold to us by developers, stolen from us by BOD and lawyers who we even pay to fight us;and it is time to take back te home and make it yours, no theirs once and for all.
Ian in Florida
www.otterkey.com
Don't buy into the CAI lie!
Posted Nov 13 2006 1:32AM CET
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Ian Murphy
, Florida |
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This is great news!
Following the laws of supply and demand this will mean that the demand for homes outside the HOA will far outstrip the supply causing the prices of non-HOA homes to skyrocket.
You better buy now, before the supply runs out becasue there just aren't many homes being built today that don't belong to some sort of HOA or another.....
Posted Nov 12 2006 10:42PM CET
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Jim Stilwell
(View Profile)
, Michigan |
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I live in Florida, and all I can say is that the rest of the country has know idea what they are in for VIA the special interest attorneys along with the local politicians who are creating more, and more CDD'S (community developement districts) more quasi governments.
These mini-legislatures of people's rights are now a part of our election system every November. And you think Irag,and Afganistan is a tribal sociaty.
Posted Nov 12 2006 8:44PM CET
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Walter Morrissey
(View Profile)
Hudson, Florida |
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