Interesting HOA battle

Donkey® · 06-22-2008, 03:24 AM

http://www.parkingenforcementforum.c...22c1039d62913d

Story is too long and meandering for real cliffs...but...guy gets boot on car from parking Nazi's sanctioned by HOA and he moves car into garage on dollies.

Pro Street · 06-22-2008, 10:29 AM

I have always been against the too-far reach of HOAs. I can understand maintaining property values but when it comes down to how flowers, fences, trees, and even curtains are used it goes beyond the control of a civilian's power. Add in how things get handled through courts and that people are forced to agree with the often outlandish demands and it just violates so many property rights that I can think of.

7960 · 06-22-2008, 11:07 AM

read the whole thing over breakfast

very funny, and sad at the same time.

6SpeedTA95 · 06-22-2008, 03:21 PM

The guy shouldn't have had his car on jackstands sitting in his driveway, he chose to move into the neighborhood with the HOA he should abide by the rules, whats the big deal?

7960 · 06-22-2008, 05:33 PM

Originally Posted by 6SpeedTA95

The guy shouldn't have had his car on jackstands sitting in his driveway,

It wasn't.

Donkey® · 06-22-2008, 05:33 PM

Originally Posted by 6SpeedTA95

The guy shouldn't have had his car on jackstands sitting in his driveway, he chose to move into the neighborhood with the HOA he should abide by the rules, whats the big deal?

Read the story...he didn't choose to move into HOA neighborhood exactly...

6SpeedTA95 · 06-22-2008, 06:29 PM

Reading in spurts...so far this is quite hilarious and disturbing...

WickedLou9 · 06-22-2008, 07:25 PM

that's crazy. I don't understand how a private company can hold your private property hostage like that. It doesn't make any sense to me. If it was law enforcement that's one thing, but a private company?

6SpeedTA95 · 06-22-2008, 09:10 PM

Originally Posted by WickedLou9

that's crazy. I don't understand how a private company can hold your private property hostage like that. It doesn't make any sense to me. If it was law enforcement that's one thing, but a private company?

I would bet they can't. It would be interesting to see how a court would rule on something like this.

Candid · 07-19-2008, 10:48 AM

Actually in certain places(like Texas) they can. And in fact they have. If you decide not to pay your hoa fees they will take a lean out against your house and/or property. You could lose your home over $300 in fees.

Phantom · 07-21-2008, 10:49 AM

Originally Posted by Candid

Actually in certain places(like Texas) they can. And in fact they have. If you decide not to pay your hoa fees they will take a lean out against your house and/or property. You could lose your home over $300 in fees.

I think they can foreclose property in VA. Not 100% sure it's true, but I've heard this from more than one source.

7960 · 07-21-2008, 11:08 AM

Originally Posted by Candid

Actually in certain places(like Texas) they can. And in fact they have. If you decide not to pay your hoa fees they will take a lean out against your house and/or property. You could lose your home over $300 in fees.

a lien on your property doesn't mean you'll lose it. your property will not be "taken" or foreclosed on because of a lien.

it means if/when you sell that debt will get paid first. there may be shit in your HOA agreement that allows them to "force" you to pay, but just putting a lien will not mean you could lose your home.

nbiggershaft · 07-21-2008, 03:55 PM

quite the read. I wonder, if you buy a house, can you purchase the property from and individual with a hoa and not agree to the hoa? Is that a contract somehow with the property itself, or like the previous owner is fined if he doesn't make you sign it?

7960 · 07-21-2008, 03:58 PM

Originally Posted by nbiggershaft

quite the read. I wonder, if you buy a house, can you purchase the property from and individual with a hoa and not agree to the hoa?

no.

Is that a contract somehow with the property itself, or like the previous owner is fined if he doesn't make you sign it?

when the previous owner sells he's done, they can't fine him.

you can't choose to not join the HOA (unless they allow that option which is unlikely because if they did then it would defeat the purpose)

nbiggershaft · 07-21-2008, 04:02 PM

Originally Posted by 7960

no.

when the previous owner sells he's done, they can't fine him.

you can't choose to not join the HOA (unless they allow that option which is unlikely because if they did then it would defeat the purpose)

But how does that go down is what I wonder.

House seller: Here is my house for x dollars
Me: Here is x dollars
HOA: sign this contract
Me: no

Then what, I own the property, is it like cleared through the city that they can sue me for not joining?

7960 · 07-21-2008, 04:19 PM

Originally Posted by nbiggershaft

But how does that go down is what I wonder.

House seller: Here is my house for x dollars
Me: Here is x dollars
HOA: sign this contract
Me: no

Then what, I own the property, is it like cleared through the city that they can sue me for not joining?

you own it and the HOA starts sending you bills. if you choose not to pay then they do whatever they do to people who don't pay...my guess is they sue you and win and you still refuse to pay so they take out a lien on your property.

unless you live in my parent's HOA. there are culverts at the end of every driveway that are all owned by the HOA. He's been known to pull one out if someone doesn't pay. If there's no culvert then there's a 6' deep ditch across the end of your driveway and contractors aren't allowed to work in the association without permission.

saabguy · 07-21-2008, 04:20 PM

part of the closing package they sign if they get a mortgage will already have some HOA fees included, but there should also be some disclosures about the HOA. if they don't sign it, they don't close on the property.

7960 · 07-21-2008, 04:24 PM

Originally Posted by saabguy

part of the closing package they sign if they get a mortgage will already have some HOA fees included, but there should also be some disclosures about the HOA. if they don't sign it, they don't close on the property.

it happens often in my parent's HOA that someone goes through closing and signs all 11tybillion pages to buy the place and really don't realize they joined a HOA. sure they were told but they didn't really "get it" that they were signing a paper that said they owe monthly/yearly dues.

nbiggershaft · 07-21-2008, 04:28 PM

Originally Posted by 7960

you own it and the HOA starts sending you bills. if you choose not to pay then they do whatever they do to people who don't pay...my guess is they sue you and win and you still refuse to pay so they take out a lien on your property.

What I wonder is, on what grounds can they sue you if you haven't contracted with them in any way. Unless the previous owner makes you sign something when you buy the home.

Originally Posted by 7960

unless you live in my parent's HOA. there are culverts at the end of every driveway that are all owned by the HOA. He's been known to pull one out if someone doesn't pay. If there's no culvert then there's a 6' deep ditch across the end of your driveway and contractors aren't allowed to work in the association without permission.

clever bastards

nbiggershaft · 07-21-2008, 04:31 PM

Originally Posted by saabguy

part of the closing package they sign if they get a mortgage will already have some HOA fees included, but there should also be some disclosures about the HOA. if they don't sign it, they don't close on the property.

They (being the person selling to you) can't close? Or the sale is somehow invalid? Or they are just avoiding paying a fine of some sort?